Warning over common Australia Day act 'overflowing the courts with cases'

The controversial public holiday is more prone to violence than any other outside of New Year's Eve, legal experts warn.

Left: Aussies at Bondi beach. Right: A police infringement notice.
Australians are being urged to be on best behaviour this Australia Day - a notoriously violent public holiday. Source: Google/9News

The public has been warned to stay safe and act within accordance of the law ahead of what's "expected to be the worst Australia Day on record" for assaults.

Legal experts told Yahoo News Australia that "police are expecting a larger number" of violent incidents in 2025 compared to "any year before", with the courts currently "overflowing with Australia Day assault cases" from previous years.

Principal lawyer at Astor Legal, Avinash Singh, said the controversial public holiday is more prone to violence due to the excessive consumption of alcohol on the day, coupled with the fact tensions are heightened in the current political climate.

He said the day has the second-highest rate of non-domestic violence-related assaults of any public holidays in NSW in particular, second only to New Year's Eve.

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"There is generally a massive influx of visitors for New Year's Eve in NSW which skews the figures, making [it] the leading public holiday for assault," Singh told Yahoo. "However, when you look at Australia as a whole, Australia Day has the highest number of assaults."

Very crowded but immensely popular Bondi Beach in Sydney. Thousands of sun lovers will gather here to swim and surf on any sunny day, tourists and locals alike.
The day has the second-highest rate of non-domestic violence-related assaults of any public holidays in NSW in particular. Source: Getty

Singh warned police will be running more operations targeting anti-social behaviour and domestic violence which is expected to result in more arrests. "Secondly, temperatures are expected to be high which tends to result in greater alcohol consumption and more people being at licenced premises," he said.

"The courts are overflowing with Australia Day assault cases between family members where one or both parties were heavily intoxicated."

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From 2010 to 2023, Australia Day saw a median of 159 non-domestic violence assaults and 116.5 domestic violence assaults. This marks an 89 per cent increase in non-domestic assaults and a 62 per cent rise in domestic assaults compared to a typical day, with non-domestic assaults spiking more significantly.

"Anyone celebrating should try to moderate their alcohol consumption — particularly if they are going to be around acrimonious friends or family members," Singh said.

"They should also avoid being around people who are known to drink alcohol excessively."

Australia Day marks the arrival of the First Fleet in 1788, which for many Aboriginal and Torres Strait Islander people represents the beginning of colonisation, dispossession, and violence.

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This day is often referred to as "Invasion Day" by Indigenous communities, highlighting the painful history they associate with it.

The divide between those who celebrate national pride and those who mourn the impact of colonisation has significantly contributed to tensions. Public celebrations often involve alcohol and large gatherings, leading to further social unrest and heightened conflict.

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