Key Takeaways:
- Victoria police have been granted the power to randomly stop and search anyone in inner Melbourne without a warrant or reasonable suspicion for the next six months.
- The search powers include the use of electronic wands, pat-downs, and the removal of outer clothing and items from bags or pockets.
- Vehicles can also be searched, and people may be asked to provide personal information.
- Legal and human rights groups are concerned that the new powers will lead to racial profiling, despite police assurances that it will not occur.
- A new report has found that Victoria police’s efforts to stamp out racial profiling have largely failed, with people from non-white backgrounds remaining disproportionately targeted.
Introduction to the New Search Powers
According to police, the new search powers will be similar to a random breath test, with a "random selection of people using a thoroughfare" by foot or by car potentially being subjected to a pat-down search at any time. The powers will be in effect for six months, until May 29, 2026, and will cover the CBD, Docklands, Southbank, the sporting and entertainment precinct, and parts of East Melbourne and South Melbourne. Victoria police deputy commissioner, Bob Hill, has stated that the focus will be on preventing certain crimes from occurring, rather than targeting specific demographics.
Concerns about Racial Profiling
Despite police assurances that racial profiling will not occur, legal and human rights groups are concerned that the new powers will disproportionately affect people from non-white backgrounds. A new report from the Inner Melbourne Community Legal centre has found that Victoria police’s efforts to stamp out racial profiling have largely failed, with people from non-white backgrounds remaining disproportionately targeted. The report analyzed police data and interviewed people who continue to live in public housing, as well as youth and community workers. It found that the force’s attempts to reform, including the introduction of a "receipting" process, had not made any meaningful difference.
The Designated Area Declaration
The declaration of inner Melbourne as a "designated area" for six months is due to "a number of serious assaults involving edged weapons" in the CBD over the past year, according to Hill. The Victorian government amended the Control of Weapons Act to extend the time period an area could be designated to up to six months earlier this year. Police have made previous declarations, usually lasting less than a day, and often during major protests. However, the chief executive of the Victorian Aboriginal Legal Service, Nerita Waight, has stated that there is "no reasonable rationale" for police to expand search powers via its "designated area" declaration.
Calls for a Police Ombudsman
Waight has called for the establishment of a police ombudsman that can hold officers to account, stating that "Melbourne is becoming a police state, with excessive layers of control and surveillance – based on a culture of fear and in the absence of implementing effective supports and services." The report from the Inner Melbourne Community Legal centre also suggests that the police cannot be left to deal with the problem of racial profiling, and that their discretionary powers need to be limited and subject to effective oversight and monitoring.
The Impact on Vulnerable Communities
The new search powers are likely to have a significant impact on vulnerable communities, including the homeless, Aboriginal and Torres Strait Islander people, and those gathering for peaceful protests. The report from the Inner Melbourne Community Legal centre found that people from non-white backgrounds remained disproportionately targeted, and that the force’s attempts to reform had not made any meaningful difference. The expansion of search powers via the "designated area" declaration is likely to exacerbate this issue, with Waight stating that vulnerable communities could be targeted.
Conclusion
The new search powers granted to Victoria police have raised significant concerns about racial profiling and the impact on vulnerable communities. Despite police assurances that racial profiling will not occur, the evidence suggests that people from non-white backgrounds will be disproportionately affected. The establishment of a police ombudsman and the limitation of discretionary powers are necessary steps to address these concerns and ensure that the rights of all individuals are protected. The Victorian government must take a more nuanced approach to addressing crime, one that prioritizes community support and services over excessive control and surveillance.