Statement: Melbourne CBD shutdown
Democracy doesn’t stop in a pandemic, and people’s right to protest is an important part of a healthy democracy. Protecting public health in this pandemic justifies some restrictions on public protest gatherings, but any restrictions must use the least restrictive means to protect health and should be regularly reviewed against current health risks to ensure they are no wider than strictly necessary.
Given current COVID cases and vaccination rates in Victoria, the Victorian Government’s current ban on large public protest gatherings is justified. However, aspects of the Victorian Government’s response to protest during this pandemic have undermined protest rights including:
The blanket ban on all forms of public protest including COVID-safe protests
The policing of the 2020 COVID-safe refugee protest which occurred in cars, and the prosecution of individuals involved in that protest, including those who were not in attendance
The unnecessary use of arrest powers, such as in the case of a Ballarat person arrested and handcuffed in their home for allegedly inciting protest
The firing of pepper ball rounds from projectile weapons against unarmed protesters, this being the first time these weapons have been used against protesters in Victoria
The reported measures being planned to prevent protest this Saturday in Melbourne are concerning both as a response to protest and because of the impact they will have on people who live or need to travel in the area for work or to obtain essential goods or services. Reported measures include the shut-down of public transport, a cordon around the city, traffic blockades and the use of search powers that allow police to stop and search people without reasonable suspicion of any wrongdoing.
The Victorian Government and Victoria Police must be transparent around the justification for such extreme measures. This includes being transparent about known transmission from previous protests, the reasons that a planned event is deemed a risk and why less restrictive options cannot be used. Police should not stop and search people without reasonable suspicion of wrongdoing.
The COVID-19 pandemic must not be used as a gateway to impose lasting restrictions on protest rights. Any restrictions on public protest in this pandemic should be time-limited, constantly reviewed against current health risks and no wider than necessary.
Read our report: Say it loud: Protecting Protest in Australia
For further detail see our explainer: Protest Rights in the COVID-19 Pandemic
This is not legal advice
The contents of this publication do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as legal advice. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.