Protesters celebrated a significant court win after Federal Court Justice Elizabeth Bennett ruled that a declaration giving police the power to search and unmask people was unlawful. The six-month order, made by Victoria Police Assistant Commissioner Brett Curran on November 30, was invalid under the law.
The declaration had listed the Melbourne CBD and neighbouring suburbs as a designated area where police could stop and search people for weapons without a warrant or any suspicion of wrongdoing. Police could also direct a person wearing a face covering to leave the area.
Justice Bennett found Mr Curran had misunderstood the statutory test he had to apply before making the declaration, making the order legally invalid. The judge determined Mr Curran had failed to properly consider section 13 of the Charter of Human Rights, which protects a person's right to privacy.
Human Rights Law Centre's legal director Sarah Schwartz described the ruling as a significant win: 'It's laid bare significant and systemic failures in Victoria Police's decision-making process, one which has led to extraordinary powers being exercised without proper basis and without consideration of human rights.'
Tarneen Onus Browne, one of the protesters who led the legal challenge, said: 'This case puts Victoria Police on notice - you cannot trample on the rights of First Peoples.'