A recent court ruling has deemed a police directive allowing warrantless searches of individuals to be both unlawful and invalid.
The directive, issued by Victoria Police on November 30, had been in effect for six months until it faced a legal challenge by a group of protesters in the Federal Court.
The contested order had designated Melbourne’s central business district and its surrounding suburbs as areas where police were authorized to conduct searches for weapons without requiring a warrant or any specific suspicion of illegal activity.
Additionally, the directive empowered officers to instruct individuals wearing face coverings to vacate the area if they suspected the coverings were used to hide identity or shield against substances like pepper spray.
On Friday, Federal Court Judge Elizabeth Bennett ruled the declaration invalid and unlawful.
Justice Bennett explained that Victoria Police had neglected to adequately consider Section 13 of the Charter of Human Rights, which safeguards an individual’s right to privacy.
The judge’s full written reasons will be published later on Friday.
The declaration for a designated area was lifted prematurely on 9 January.
Victoria Police assistant commissioner Brett Curran told the court last week he lifted the order so he could consider aspects of the human rights charter.
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