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HomeRead, Watch, ListenAustralia
AnalysisAustralia

The proposed masking law is not strong enough to protect us

Allowing protesters to hide behind masks for ‘cultural purposes’ defeats the stated aim of a new law to protect the public from extremists.
Naomi Levin
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FREE PALESTINE RALLY

Protesters march during a Pro-Palestine rally at the State Library of Victoria in Melbourne, Sunday, July 6, 2025. (AAP Image/James Ross)

Published: 18 November 2025

Last updated: 18 November 2025

In this era of fragmented news media and image-driven social media, it is uncommon to find a visual that really cuts through. But in October this year, Commander Wayne Cheeseman stood in his navy police uniform holding a large chunk of rock that protesters had thrown at police that day and imploringly looked down the barrel of the camera saying, “Melbourne has had a gutful”.

His anger and frustration were palpable and reflected the anger of many of us here in Victoria at violent and aggressive protesters. It cut through.

Victoria Police Commander Wayne Cheeseman with a rock thrown at police during a protest in October (Victoria Police)
Victoria Police Commander Wayne Cheeseman with a rock thrown at police during a protest in October (Victoria Police)

Rewind to December 17 last year and Victorian Premier Jacinta Allan announced that her Government would “stamp out the influence of extreme and radical participants in public protests” by banning the flags and symbols of terrorist organisations, banning attachment devices and banning the use of face masks at protests.

Last week, the Victorian Government introduced the Justice Legislation Amendment (Police and Other Matters) Bill 2025to Parliament. At first glance, the Bill appears to strengthen protections against intimidation, hate, and extremist activity. These measures have merit. But as the Jewish Community Council of Victoria (JCCV) has examined the detail, we’ve identified flaws that risk leaving loopholes wide open—or rendering enforcement virtually impossible.

If the government’s intention is to make our streets safer and protect communities from hate and harassment, then these gaps must be addressed before this Bill passes the Parliament.

For Jewish Victorians, this is not an abstract issue. In recent years, we’ve seen antisemitic protesters hidden behind ski masks, oversized keffiyehs and dark glasses, large bandanas and black balaclavas, spreading hate and violence against Jews in our streets. 

Loopholes too large

The proposed face covering law seeks to restrict face coverings at protests, with exemptions for religious and medical reasons. That’s sensible. But the inclusion of a “cultural purpose” defence is deeply problematic. 

We raised this repeatedly with Government during consultations: a cultural defence is so broad it risks becoming a catch-all loophole. The Government’s own examples fail to justify its inclusion. 

A Pride March participant with a festive mask or a First Nations person wearing traditional face paint are not equivalent to someone concealing their identity behind a balaclava or ski mask. Yet under this Bill, the cultural defence could be exploited by those intent on hiding their identity while engaging in intimidation or violence. Our position is clear: retain the religious and medical exemptions but remove the cultural defence.

Good intentions are not enough. Laws must be enforceable. Loopholes must be closed

Impossible to police 

The second concern is operational. Law enforcement officers have told us bluntly that policing this proposed law will be extremely difficult. In the chaos of a protest, where many participants conceal their faces, expecting police to make a split-second judgment about whether a vilification offence has been committed – a category of offence that is complex and ultimately requires review by the Office of Public Prosecutions – is unrealistic. This is not theory; it’s feedback from those on the front line. 

This Bill also looks to create a state-based law to ban the public display of symbols of terrorist organisations. The JCCV strongly supports aligning Victorian law with Commonwealth provisions. But again, there is a case to be made that these provisions could be expanded to reflect conduct we have already witnessed. Holding up a photo of the deceased Hezbollah leader Hassan Nasrallah, as we have seen on Melbourne’s streets, should be treated no differently than waving the group’s flag. Similarly, using imagery that mimics banned symbols—identical colours, near-identical designs—should not provide a loophole for extremists to skirt the law. Yes, expanding these offences will require education and guidance for law enforcement. But the alternative is leaving gaps that extremists will exploit.

Reforms that protect the right of Jewish Victorians to freely and safely enter and exit synagogues are essential. But here, too, the language matters. The Bill alternates between “religious assembly,” “religious worship,” and “religious worship meeting”. This inconsistency risks excluding important aspects of faith practice. In Jewish life, worship is only one part of religious expression. Group Torah study, preparations for Shabbat or holidays, and Purim and Chanukah parties, which may not strictly constitute “religious worship” are integral to our tradition. They may not fit a narrow definition of “worship”, but they deserve equal protection. We urge legislators to adopt the term “religious assembly” throughout the Bill. It is inclusive, clear, and ensures that all faith practices are safeguarded.

These suggestions are about ensuring that laws designed to protect Victorians from hate, intimidation, and extremism actually work. We have seen antisemitic protesters hiding behind masks. We have seen extremists glorify terrorists in the CBD. We have witnessed violent protests near our synagogues. The Government deserves credit for taking steps to address these challenges. But good intentions are not enough. Laws must be enforceable. Loopholes must be closed. And protections must reflect the diversity of faith practice in our state.

As Commander Cheeseman so memorably said, “Melbourne has had a gutful” and we need these important new laws to appropriately deter the violent and antisemitic protesters who have taken up residence in our city and sometimes even, in our suburbs.

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About the author

Naomi Levin

Naomi Levin

Naomi Levin is Chief Executive Officer of the Jewish Community Council of Victoria (JCCV).

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