Victorian Police stop-and-search powers challenged in constitutional federal court
douglas smith
The assistant commissioner of Victoria Police is due to be cross-examined in the Federal Court this morning as a constitutional challenge by a trio of activists over whether it was legal to declare Melbourne’s CBD a designated area for four months.
This is the second day of the two-day hearing. Constitutional arguments were made by lawyers on both sides yesterday, focusing on how the inherent freedom of political communication can be interpreted by the police; And whether protesters wearing face coverings should be considered a form of “political expression” or whether they are hiding their identity in order to commit a crime.
Under the proclamation triggered by the Controlled Weapons Act, which was repealed four months earlier on January 9, police, including protective services officers, were allowed to stop and search anyone without a warrant if they were within a designated area.
Police were also required to remove face-coverings – whether they were worn for political or health purposes, to protect against the effects of crowd-control substances such as pepper spray.
major events
Coalition minister maintains ‘serious concerns’ over hate speech law
Paul Scarr, The Shadow Minister for Multicultural Affairs is adamant that there is not enough time to evaluate the hate speech and gun control legislation put forward by the Albany government.
Scarr speaking to RN Breakfast, where he said there had been no consultation between Labor and the opposition, classified the legislation as a “Labour bill” and said the timeline was “completely unacceptable”. He said:
We have serious concerns about whether the Bill achieves its objectives. …
It is really worrying that we are at this stage where we are less than a working day away from coming together in Parliament and these serious concerns remain. We are in a situation where we are dealing with such important legislation, complex legislation, legislation that deals with a number of matters included in this huge omnibus Bill, which is a completely inappropriate way to address this situation.
martin farrer
‘Deeply saddened’: South Australian Jewish community leader criticizes Adelaide Festival board
Back to the Adelaide festival controversy: A leader of the South Australian Jewish community, Norman Schuylerhas attacked the decision to invite Randa Abdel-Fattah Back at the Festival’s Writer’s Week next year.
She told the Adelaide Advertiser that her community was “deeply hurt” and in “complete disbelief” over the author’s invitation to next year’s Writers Week, as they were blocked only six days before this year’s event due to “cultural sensitivity”.
“I believe the board has acted with unconscionable conduct, it has emboldened a vocal minority… it has scared fear into the arms of self-righteous individuals (and) destroyed the reputation of the festival,” he said.
“The previous board acted with courage and moral clarity.
“I do not think the board has the right to apologize on our behalf, our communities have been deeply hurt.”
Great Ocean Road rainfall ‘quite extraordinary and terrifying’
Christy McBainThe Federal Emergency Services Minister said the rainfall in Victoria was “quite extraordinary”. She told RN Breakfast:
What we saw on the Great Ocean Road yesterday afternoon was extraordinary and scary for those trapped there. 170 miles of rain fell in a six-hour period. This is the highest total for any 24-hour period since site records began in 2000.
So it was raining in extraordinary amounts from the mountains there. Emergency relief centers are now open in Lorne and Apollo Bay. This is clearly still a very dangerous situation, and I urge anyone in the area to listen carefully to the advice of the authorities.
Local councilor says Victoria’s flash floods are a ‘major blow’
leon walker, A Surf Coast Shire councilor spoke to ABC News this morning after hundreds of people were evacuated due to severe flooding along the River Wye in Victoria..
The storm dumped more than 170mm of rain on the Lorne region of Victoria’s south-west coast on Thursday, sweeping away cars as floodwaters rose in the area.
Walker said everyone in the area is safe, but he said it will take time to clean up the area.
It was a big shock, it happened very quickly to Lorne.
The amount of rain and water we went through is honestly amazing. …We’re talking about cars washed into the ocean.
martin farrer
Indie band Pulp to finally play Adelaide festival
Fallout from Adelaide festival debacle continues with indie band’s overnight statement pulp That they will play in the event next month.
The British band initially told organizers they were joining a boycott of the event due to the “appalling” manner in which a Palestinian Australian academic was banned. Randa Abdel-Fattah From Adelaide Writers’ Week.
At the request of organizers, the band delayed announcing the boycott while the festival tried to resolve the crisis.
But after an apology from Abdel-Fattah, the band is back.
frontman jarvis cockR said on Instagram last night that he is happy that the band is now “ready to perform in concert once again”.
“This will be a free concert, open to anyone who respects the freedom to hear all voices. It will also be fun.”
Read our full story here:
Good morning, and happy Friday. Nick Visser Here to take over things. Let’s do that.
douglas smith
More about that stop-and-search hearing in Melbourne.
Plaintiff’s lawyer, thomas wood The Human Rights Legal Center argued that the announcement by Victoria Police was “invalid”.
He told the court yesterday:
Once proclaimed, the Act authorizes what can only be described as ‘extraordinary powers’.
There are two that relate to my client’s interests. They have search powers to search any person without reasonable suspicion and without the need for a warrant, the only condition being that the person is within a specified area.
And then what we have called the power to cover the face, that is provided by (Section 10ka of the Act).
In court, lawyers assisting the Victorian Government, Sarah Keating, The state acknowledged that police requiring people “to remove face coverings in some cases could impose a burden on political communications”, but argued that “the burden is indirect”, and was not “significant”.
The challenge was brought to you by Invasion Day community organizer, Tarnine Onus Brownenvironmental activist benny zableand human rights lawyer, david hackWhich was searched by the police in Melbourne’s CBD on 7 December.
Victorian Police stop-and-search powers challenged in constitutional federal court
douglas smith
The assistant commissioner of Victoria Police is due to be cross-examined in the Federal Court this morning as a constitutional challenge by a trio of activists over whether it was legal to declare Melbourne’s CBD a designated area for four months.
This is the second day of the two-day hearing. Constitutional arguments were made by lawyers on both sides yesterday, focusing on how the inherent freedom of political communication can be interpreted by the police; And whether protesters wearing face coverings should be considered a form of “political expression” or whether they are hiding their identity in order to commit a crime.
Under the proclamation triggered by the Controlled Weapons Act, which was repealed four months earlier on January 9, police, including protective services officers, were allowed to stop and search anyone without a warrant if they were within a designated area.
Police were also required to remove face-coverings – whether they were worn for political or health purposes, to protect against the effects of crowd-control substances such as pepper spray.
Welcome
Good morning and welcome to our live news blog. I am martin farrer to start the day and then Nick Visser Will take the news baton.
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