At a New South Wales (NSW) Legislative Council Budget Estimates hearing on Tuesday the 7th of November 2023, NSW Police Deputy Commissioner, David Hudson, under questioning from Sarah Mitchell, a Nationals Legislative Councillor, confirmed that NSW Police wanted a counter-terrorism threat assessment before the NSW Premier, Chris Minns, made his final decision on whether to light up the Sydney Opera House blue & white in solidarity with Israel after the Hamas attack on that country.
NSW Police Deputy Commissioner, David Hudson, was the Acting Commissioner at the time of the Opera House Israel Solidarity Illumination on the 9th of October.
The (Police) Minister said this morning that it wasn’t envisaged that there was any heightened risk at that point. That was on the Sunday. Is that your recollection as well?
Sarah Mitchell, Nationals Legislative Councillor
Uh, that’s correct. Um, at the time I asked for the threat assessment, um, I wanted that to inform me whether we had concerns or not (faint chuckle), um, so at that stage I just wanted the assessment, I didn’t have particular concerns. I was aware that, um, other, uh — & that, that was in response to being told by the chief of staff that was consideration being made to light the sails of the Opera House with the Israeli flag, um, but, uh, at that stage, um, there were no concerns that had been relayed to me & I didn’t have the, the threat assessment from Counterterrorism at that stage, but, um, as I said, other, other icons around the world had been lit up, I was led to believe.
David Hudson, NSW Police Deputy Commissioner
So how did the police find out about the lighting of the Opera House
Sarah Mitchell, Nationals Legislative Councillor
sails & in his evidence, the Premier said it may have been through the media? Are you-Do you know how that information made its way to the police?
Um, my recollection is that after the threat assessment, assessment had been requested, it got processed through to my normal staff officer, um, who was in my normal role, which oversights counterterrorism, um, to request & he responded that “Too late. It was just on the news”.
David Hudson, NSW Police Deputy Commissioner
Ok so, so it was media reports that gave you the confirmation that that had
Sarah Mitchell, Nationals Legislative Councillor
been the Premier’s decision?
Yes. Well, I didn’t actually see the media reports. My norm-
David Hudson, NSW Police Deputy Commissioner
Your staff officer did?
Sarah Mitchell, Nationals Legislative Councillor
My normal staff officer did relay that through an e-mail.
David Hudson, NSW Police Deputy Commissioner
On the afternoon of Monday the 9th of October, NSW Police became aware that a protest to be held on Monday the 9th of October at Sydney Town Hall would now also include a march to the Sydney Opera House & that people who didn’t attend the Town Hall protest were also invited to show up at the Opera House protest too.
Later in the hearing, NSW Police Deputy Commissioner David Hudson, revealed that the Opera House protest had a reserve police force of 100 officers:
Um, in terms of the police operations on both the 9th of October & then also on the 15th of October, I know that the Premier, um, made some public comments saying that there would be more police available for a later rally that took place in Hyde Park, is my recollection. What-What’s the cost of the police operations to do that & the difference between what occurred on the 9th and the 15th? Do you have that information?
Sarah Mitchell, Nationals Legislative Councillor
Um, ma’am, only from the, uhm, cost of the actual police shifts that were deployed, I think there was 100 at the October 9th with another 100 in reserve, um, at the Opera House & then on the, uh, on the following Saturday, uh, so-the following Sunday there were over 1,000 police so their shifts — the difference would be significant.
David Hudson, NSW Police Deputy Commissioner
Commissioner Hudson then confirmed the announcement made following the protest to maybe utilise Part 6A of the Law Enforcement (Powers & Responsibilities) Act (LEPRA) 2002 was a direct result of the flare lighting and throwing at the Sydney Opera House protest & that extra police would be required if it was utilised:
The, the, the distinction between having 100 on the 9th and 1000 on the 15th – is that because of lessons learned from the, the Opera House protest or what was the operational decision to mark-significantly increase the police presence on that day?
Sarah Mitchell, Nationals Legislative Councillor
Um, we were going to, uh, potentially & we announced this — potentially, um, utilise, um, Part 6A of LE-LEPRA because of the behaviour that was demonstrated on the 9th of October & the difficulty in investigating potential criminal offences that had taken place on the 9th of October. We were going to activate part of that power under LEPRA to, um, ask for identification of individuals & potentially search some individuals because of flares that were used on the 9th, um, so, uh, it was, uh, believed that we would need additional police for that.
David Hudson, NSW Police Deputy Commissioner
Commissioner Hudson then confirmed that Operation Mealing now reports to Deputy Commissioner Malcolm Lanyon:
That Operation…Mealing now report directly to Mal.
David Hudson, NSW Police Deputy Commissioner
Sydney Spectaculars 