Increased police powers must have strong safeguards against abuse
The Human Rights Law Centre is calling for strong safeguards as governments grant police new, sweeping powers in response to the COVID-19 pandemic.
Shahleena Musk, Legal Director with the Human Rights Law Centre, said that while governments granting police extra powers to restrict civil liberties might be justified right now, it is vital that governments also commit to strong safeguards to ensure the powers don’t go too far and that they are used in a fair way.
“While police have an important role to play in COVID-19 prevention efforts, it is absolutely critical that governments make sure these sweeping powers end when this crisis ends, that the powers are reviewed and are not just a free pass for heavy handed policing, that there is a public education campaign, and that there is independent oversight of any police wrongdoing,” said Musk.
“While we’re being told police will take a 'sensible approach', history shows that too often an increase in police powers leads to marginalised groups being disproportionately punished. Aboriginal and Torres Strait Islander people, people with a disability or poor mental health, women escaping family violence and people experiencing homelessness are too often hardest hit. It is crucial that these new powers are not used to target and criminalise vulnerable members of our community,” said Musk.
Musk said that any increased powers must be communicated well by government-led education campaigns and understood by the community.
“It’s really important that all people and communities can understand the new rules. The rapid rate of change at the moment has led to a great deal of confusion. Governments must deliver a proactive public health campaign that tells everyone, no matter where they live or what language they speak, exactly what is expected of them, what they need to do, and what the consequences are,” said Musk.
Musk said that with increased police powers should also come extra independent oversight to ensure the powers are properly reviewed and that there is accountability if police overstep the line.
“To know if these powers are being used fairly and proportionately, governments must commit to regular and independent reviews. Likewise, if community members make complaints of police misconduct, these should be investigated by an independent corruption watchdog, like IBAC in Victoria. It is absolutely critical that the community trusts police. If there are complaints of police wrongdoing, police should not be investigating other police officers,” said Musk.
Resources for people affected by COVID-19 - Understanding emergency powers - Justice Connect.
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