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Federal Court Strikes Down Victoria Police’s CBD Stop-and-Search Order as Unlawful

The judge found the six-month designation was made using the wrong legal test and without proper consideration of privacy rights under Victoria’s charter.

Overview

  • Justice Elizabeth Bennett ruled on Friday that the November 30 declaration was invalid and unlawful.
  • The court found Assistant Commissioner Brett Curran applied incorrect statutory criteria and failed to properly consider Section 13 of the Charter of Human Rights, which protects privacy.
  • The order had permitted searches without a warrant or suspicion and directions to remove masks or leave across the Melbourne CBD and nearby suburbs, but police revoked it on January 9.
  • A legal challenge backed by the Human Rights Law Centre was brought by Tarneen Onus Browne and Benny Zable, with a third applicant, David Hack, later added to the case.
  • The court dismissed a separate claim targeting mask-removal powers on constitutional grounds, and full written reasons are to be published later.