Question details
Political protests
(1024) The action I seek this evening is for the Minister for Police to ensure our state’s police assist Victorians to enjoy their charter rights to peaceful assembly. For nearly 10 months community members have gathered in their thousands to call for peace and a free Palestine, and on most weekends these overwhelmingly peaceful protests are the single largest public event in the Melbourne CBD. Until recently a mid-size truck has been used by rally organisers as a sound stage and a platform for speakers and PA equipment and, importantly, to provide a raised stage for Auslan interpreters. The use of the truck had been permitted by police for approximately 36 successive weeks but then suddenly became an issue on Sunday 9 June 2024. Police had not indicated any concerns regarding the use or the position of the truck before this date.
There are concerns from legal and rights experts and the community that a police decision, implemented without discussion with the event organisers, to not allow the truck anymore imposes unfair, arbitrary and potentially harmful restrictions upon the right to peaceful assembly, guaranteed under the Victorian Charter of Human Rights and Responsibilities. This appears to be just one small example of a disturbing recent trend of crackdowns on democratic and peaceful protest. While police may assert they are trying to enforce an orderly society or disrupting peaceful rallies in order to ‘preserve the peace’, these aims should not allow our state’s police to ride roughshod over Victorians’ rights, and in fact neither of these aims are a permissible ground for breaching protest rights.
A stationary truck on a sidewalk poses no significant safety risk, and in fact it may make the event safer having the truck positioned there. The presence of the truck also assisted in ensuring all Victorians had the ability to enjoy the right to peaceful assembly as, as I mentioned, it had been used as an elevated position for Auslan interpreters to address those gathered for the rally, allowing Deaf community members to fully participate and to access their section 16 charter rights.
Minister, examples like this – the arbitrary crackdown on the pro-Palestine rally truck – are worrying and alarming, and they are representative of the worrying erosion of protest rights outlined in the Human Rights Law Centre’s recent report Protest in Peril. I ask you that you ensure our state’s police assist Victorians to enjoy their rights to peaceful assembly rather than undertake actions that hinder those rights.
The Victorian Government respects peoples’ right to come together and peacefully protest, but not at the expense or safety of others. The opportunity to protest is an integral part of our open and democratic way of life. It is important that we maintain respect for each other, reaffirming that Victoria stands together, with all communities and all Victorians who are impacted by this conflict.
Victoria Police advised protest organisers ahead of the event of the requirement to acquire a permit from City of Melbourne, to use a vehicle as a sound stage. City of Melbourne by-laws prohibit the parking of vehicles on footpaths/bike lanes unless the requisite permit is obtained.
As you are aware, the role of police at community protests is to maintain public order, enforce the law and ensure safety of the parties to the dispute and the broader community. Police aim to only intervene when there is a real risk to public order or community safety.
Victoria Police advised of the need to balance legal obligations in respect to the Charter of Human Rights and Responsibilities Act 2006 against other responsibilities, including to promote a safe, secure and orderly society, to preserve the peace and to protect life and property.
Hon Anthony Carbines MP
Minister for Police
Minister for Crime Prevention
Minister for Racing