Victoria Police has made a significant policy reversal, formally revoking powers that allowed its officers to conduct warrantless pat-downs across several inner-city Melbourne suburbs. The controversial authorisation, which had been in place for over a year, has been rescinded following mounting public concern and legal challenges.
Details of the Revoked Authorisation
The now-rescinded power was enacted under section 4 of the Control of Weapons Act 1990. It granted police the authority to stop and search individuals without a warrant in designated areas, ostensibly to find and seize dangerous weapons. The authorisation covered a substantial portion of inner Melbourne, including suburbs such as North Melbourne, West Melbourne, Docklands, and parts of the CBD and Southbank.
This power was not a fleeting measure. Official police gazette notices confirm the authorisation was first implemented on 9 January 2025 and was repeatedly renewed every 12 months. Its revocation marks the end of a sustained period where ordinary police checks in these zones could escalate to physical searches based on officer discretion alone.
Mounting Pressure and Legal Scrutiny
The decision to withdraw the authorisation did not occur in a vacuum. It came after intense scrutiny from civil liberties groups, legal experts, and the community. Organisations like the Flemington & Kensington Community Legal Centre and the Human Rights Law Centre had been vocal critics, arguing that such broad, suspicion-less search powers infringed on fundamental rights and could lead to discriminatory policing practices.
Critics contended that the powers were overly broad and lacked the necessary safeguards to prevent misuse. The focus on specific inner-city areas raised questions about the potential for disproportionate impact on certain demographics, including young people and minority communities. The legal basis and necessity of maintaining such a sweeping authorisation were increasingly called into question.
Implications and the Path Forward
The revocation means that, as of now, Victoria Police officers operating in those inner Melbourne suburbs must again rely on standard legal provisions to conduct a pat-down search. Typically, this requires an officer to form a reasonable suspicion that a person is carrying a weapon or illegal item before proceeding with a search, a higher threshold than the blanket authorisation provided.
This move is being seen as a victory for advocacy groups and a step towards greater police accountability. It underscores the importance of continuous review and public debate regarding the balance between community safety and individual liberties. While police retain various powers to ensure public safety, this specific tool has been deemed no longer appropriate for ongoing, area-wide use.
The onus now falls on Victoria Police to demonstrate that its standard operational procedures and existing laws are sufficient to address weapon-related crime in the city. Community leaders and legal advocates have welcomed the change but emphasise the need for continued monitoring of police practices to ensure fair and lawful conduct.
