Victoria police will have the power to conduct warrant-less pat-downs, search cars and move people on in Melbourne’s CBD for six months, in a move human rights and legal groups have described as a “vast overreach”.
Police on Tuesday declared the CBD, Docklands, Southbank, the sporting and entertainment precinct and parts of East Melbourne and South Melbourne as a “designated area” from Sunday, until 29 May 2026.
This means police and protective service officers (PSOs) have the ability to randomly stop and search anyone without a warrant or reasonable grounds.
The searches, which are allowed under the Control of Weapons Act, can be conducted using an electronic wand or a pat-down, and people may be asked to take off items of outer clothing such as headwear, scarves or jackets and to remove items from bags or pockets. Vehicles can also be searched.
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Police may also require people to remove face coverings that could conceal a person’s identity or protect against the effects of “crowd-control substances”, such as pepper spray. Those who refuse to remove the mask can be asked to move on.
Under the act, it is an offence to “obstruct or hinder” an officer or PSO conducting a search. Failing to comply with a police direction to leave the designated area is also an offence.
Designated areas are often declared to allow police to manage major planned protests or demonstrations.
But the Inner Melbourne Community Legal described the new six-month designation as a “vast overreach”. The legal centre’s chief executive, Nadia Morales, said it was unprecedented both in its geographic scope and for the length of time it is intended to apply for.
“This is complete overkill by Victoria police to designate such a large area for six months,” Morales said.
“What it means is that a police officer or protective services officer can stop and search anyone, no questions asked, at any time in the CBD and its surrounds.”
She said she feared the declaration would “unfairly impact” minorities and vulnerable or marginalised groups, including those experiencing poor mental health and homelessness.
“People who are stopped randomly by police tell us it is humiliating and makes them feel like they have done something wrong,” Morales said.
Sarah Schwartz, the legal director at the Human Rights Law Centre, said the designation could affect any person who may be in the CBD.
“People could be heading to study at the State Library, or heading to a free music gig at Federation Square and end up humiliated by Victoria police,” Schwartz said.
In a statement provided to Guardian Australia, a spokesperson for Victoria police confirmed it was the first area to receive a declaration for this length of time under the recent changes to the act.
“Ahead of the designated area commencing on Sunday, Victoria police will be commencing further safety measures in the CBD,” the spokesperson said.
“These operations are an invaluable tool in assisting police with removing weapons from the streets, as knife crime in Victoria has risen.”
Gemma Cafarella, the president of civil rights organisation Liberty Victoria, described the declaration as an “abuse” of police powers.
“It’s designed to be used in circumstances where there is some need above the kind of ordinary operation of society. So when we see that they have put this designation in place from November to May, that is a real concern,” Carafella said.
“It seems to be designed to undermine the safeguards that exist otherwise in the law to protect people from being randomly searched or randomly stopped.”
She also questioned their efficacy, pointing to a Liberty Victoria report, released in March, which found illicit items, including weapons, were seized in only 1% of searches, conducted without a warrant or reasonable suspicion, in designated areas over a two-year period.
The police spokesperson said Victoria police had “zero tolerance towards racial profiling” with officers “well trained to police in response to a person’s behaviour, not their background”.
“If you aren’t carrying a weapon, you don’t have anything to worry about,” the spokesperson said.
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