Allan Government hands police excessive stop and search powers
People could be stopped and searched at any time and for no reason for up to six months in designated areas of Victoria under expanded police search powers passed by the Allan Government today, says the Human Rights Law Centre.
In the same week as pushing through discriminatory bail laws, the Allan Government has handed Victoria Police almost unlimited powers to stop-and-frisk people in designated areas without any reason or lawful basis, to target and harass people attending peaceful rallies and protests and to continue the overpolicing of racially marginalised groups.
Research from the Centre for Racial Profiling in 2023 shows that First Nations people in Victoria are 11 times more likely to be searched by Victoria Police, people perceived as African are eight times more likely to be searched, and people perceived as Middle Eastern are five times more likely to be searched.
Stop and search powers must be justified and proportionate to any threats posed to the community. Research from the Rights Advocacy Project shows that these additional powers will be ineffective. Police only find illicit items in 1% of searches conducted without reasonable grounds in designated areas, with much higher rates of success where they have reasonable grounds for a search.
The laws are incompatible with Victoria's Charter of Human Rights, as subjecting people to humiliating and intrusive police searches is a violation of every person's right to privacy.
Maggie Munn, First Nations Director at the Human Rights Law Centre (they/them) said:
"In the same week as pushing through dangerous, discriminatory and unjust bail laws, the Allan Government is doubling down to give police sweeping new powers that we know will be disproportionately used to target First Nations communities.
“By handing Victorian Police such excessively broad new search powers, the Allan Government is opening the door to the unchecked police harassment of First Nations communities, and greenlighting heavy handed, discriminatory policing.
"It is particularly egregious that the Allan Government is pushing through laws that will harm First Nations communities, without consultation, at a time when a Treaty is being negotiated.
“Harsh laws that target our communities are nothing to boast about. The Allan Government needs to stop buckling to fear-mongering and prioritise real solutions that keep people out of the criminal legal system in the first place.”
Sarah Schwartz, Legal Director at the Human Rights Law Centre (she/her) said:
“The Allan Government’s laws to drastically expand the length of time for ‘designated areas’ will give Victorian Police almost unlimited stop-and-search powers in large swathes of the state without any reason or lawful basis.
“These laws will mean any person heading into the Melbourne CBD for six months could be stopped and searched in public without reason. People could be heading to study at the State Library and end up humiliated by Victoria Police.
“The last few years have seen the creeping use of ‘designated area’ declarations in areas to suppress protest activity, rather than to deal with weapons-related concerns. Intrusive public searches provide yet another way for police to intimidate people into not exercising their right to peaceful assembly.
"By removing the guardrails in place to protect us against police abuses of power, the Allan Government is handing Victoria Police carte-blanche powers to racially profile marginalised groups, target and harass protestors and silence dissent. This is a dangerous erosion of our fundamental rights.
“Everybody should feel safe in their community. Victoria Police already have powers to stop and search people who they suspect have weapons. Crime across Victoria has trended downwards for the last 10 years. The Premier should focus on address the root cause of crime by providing support in a cost-of-living crisis, and invest in community-led solutions.”
Media contact:
Chandi Bates
Media and Communications Manager
Human Rights Law Centre
0430 277 254
chandi.bates@hrlc.org.au