NSW Premier Chris Minns was warned by the state Cabinet Office's national security executive director that any legislative response to December's Bondi terrorist attack had to give careful consideration to proportionality, judicial oversight and community engagement.
"We had to make difficult decisions that I do not resile from, they were tough in the circumstances, but they were right both then and now, even in hindsight," the premier told reporters on Monday.
Mr Minns was warned in a briefing note on December 23, a day before extra policing powers to restrict protests were passed, that previous anti-terror and consorting laws had been disproportionately applied to ethnic minorities and young people.
The briefing note, obtained by AAP, outlined how hate speech could be curbed under NSW legislation and included a section on additional reforms, which warned about the social impact of police over-reach.
"Heavy-handed enforcement may alienate communities, making individuals less likely to co-operate with authorities or report genuine threats," it said.
"Expanded police powers and/or aggressive enforcement can damage trust between police and communities, undermining broader efforts to counter extremism through partnership and prevention."
In the worst case, this could fuel resentment and increase the risk of radicalisation, it noted.
The warning came weeks ahead of violent clashes between police and pro-Palestine protesters, when additional restrictions enacted during the Australian visit of Israeli President Isaac Herzog prevented a planned march through Sydney.
A group of Muslim men in prayer were forcefully dragged by police during the clashes, drawing widespread condemnation and an admitted breakdown in the premier's relationship with that community's leaders.
But Mr Minns said he stood by the decision to enact the extra police powers, saying the restrictions were reasonable in the wake of the terror attack and weren't enough of a reason for a person to break the law or confront police.Â
"That's the 'they made me do it' defence and I don't buy it," he said.
Not enough focus had been placed on the need to ensure community safety in advice provided to the government, particularly in the context of Australia's deadliest-ever terror attack, the Labor leader said.
"Of course, we would accept advice from stakeholder groups, government lawyers, senior officials, but we have to make the decisions," he said.
Australian Lawyers Alliance spokesman Greg Barns said ignoring expert advice revealed a tendency for politicians to sacrifice democratic rights instead of striking an appropriate balance with maintaining civil liberties.
But Mr Minns said voters would ultimately be the judge of his actions and he would live with the consequences when asked if the public could trust his decision to ignore expert advice.
