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New Victorian move-on powers unreasonably limit free speech and protest rights

New Victorian move-on powers unreasonably limit free speech and protest rights

30 January 2014

Proposed new ‘move-on’ powers for police in Victoria will unreasonably limit human rights and are susceptible to misuse.

The Human Rights Law Centre’s Executive Director, Hugh de Kretser, said protest rights and free speech are particularly threatened, but the proposed laws may also have an impact on young people and the homeless.

“These laws go too far. Police already have considerable powers when it comes to handling protests and public order issues. They don’t these additional wide reaching and vague powers to move people on. The potential for misuse is very high,” said Mr de Kretser.

The Victorian Parliament’s Scrutiny of Acts and Regulations Committee is currently reviewing the Summary Offences and Sentencing Amendment Bill 2013 which will significantly expand the grounds on which police can order a person to move-on from a public place and will wind back safeguards that limit the use of move on powers in protest situations.

“Police will be able to move someone on if they suspect that the person has committed any offence in a public place in the last 12 hours. There is no requirement for any connection between the offence and a threat to public order or safety. So for example, a protester could be barred from an area if a police officer simply thought that in the last 12 hours they had done something as basic as jaywalked or failed to validate their tram ticket,” said Mr de Kretser.

The Bill also allows police to ask a court to make an order excluding someone who has been subject to multiple ‘move-on’ directions from a particular public place for up to 12 months.

The HRLC is particularly concerned about the potential for the move on powers to be used in protest situations as the Bill winds back existing exceptions for picketing and protesting.

“Police already have a range of powers to arrest, detain and charge people for things like trespass, obstruction, breach of the peace and property damage to name a few. The Government simply hasn’t made the case that these new, broad, sweeping powers are necessary,” said Mr de Kretser.

Under the Bill, a person who breaches a move on order can be arrested and fined over $700. A person who breaches an exclusion order can be imprisoned for up to 2 years.

“Following on from the excessive Queensland G20 legislation, this Bill is another example of governments across the country eroding Australians’ right to free speech. The Bill should not be passed,” said Mr de Kretser.

The Government has acknowledged that the Bill has the potential to restrict the rights to freedom of movement, assembly, expression and association but argues that any restriction is justified under Victoria’s Human Rights Charter. The Committee’s role is to report to the Victorian Parliament on whether the Bill is compatible with human rights. 

A copy of the HRLC’s submission can be found here.

A copy of the Bill can be found here.