Human rights should be considered in the introduction of new powers for Victorian Police

11/07/2009

Proposed laws to grant Victorian police stop-and-search powers need to be considered in light of human rights, according to the Victorian Equal Opportunity and Human Rights Commission.

These stop-and-search powers mean that in designated areas of the community, police will be able to stop and search anyone who is in the area.

Dr Helen Szoke, Chief Executive Officer of the Commission said the power to arbitrarily stop and search anyone in a designated public place is an obvious encroachment on an individual's human rights.

"In Victoria, individual rights are protected under the Charter of Human Rights and Responsibilities, and any proposed restriction on rights must involve an analysis of whether the restriction is reasonable and justified in a democratic society. In the case of these proposed police powers, a person's right to life and public safety must be balanced against a person's rights to privacy and the right to freedom of movement and expression. What we need to think about as a community is whether we want police to have the power to randomly stop and search us just because we happen to be walking in a public area which has been designated under these new laws.

Dr Szoke said in adopting the Human Rights Charter Victorians had made a clear statement that we want our rights protected.

"We need to ask ourselves whether police powers which erode our rights and freedoms are justified in order to achieve the purpose of a reduction in violence on our streets," she said.

"The Commission understands that the proposed laws include a provision that a senior police officer must have information that a person or persons heading to a public area may have knives in their possession in order to declare the public space a designated area.

The Commission supports any provisions which limit the potential arbitrary operation of these proposed laws. Further, at the Commission we are interested in promoting discussion about human rights around these laws. That includes thinking about balancing rights and working out whether there is any way to achieve the same purpose but with lesser incursions on our rights.

Dr Helen Szoke, CEO, Victorian Equal Opportunity and Victorian Human Rights Commission is available for interview.

Media contact: Janeen Lynch 0419337 734