VALS supports the right of all people to peaceful assembly and freedom of expression. The right to protest sits at the heart of our democracy and is protected under the Charter of Human Rights and Responsibilities.

VALS has serious concerns about Victoria Police’s response to the anti-war demonstration yesterday, 11 September 2024, outside the Land Forces International Land Defence Exposition in Melbourne’s CBD.

Police violence and brutality towards those exercising their right to have their voices heard is unacceptable.

Victoria Police’s use of both ‘designated area’ powers under section 10D(1) of the Control of Weapons Act 1990 and special police powers under section 21B of the Terrorism (Community Protection) Act 2003 represent a disturbing encroachment on the freedom to peaceful protest and free speech. These powers enabled police to conduct indiscriminate stops and searches on non-violent attendees of the anti-war demonstration.

Under section 21B of the Terrorism (Community Protection) Act 2003, the Chief Commissioner may apply to the Supreme Court for an order authorising the exercise of special powers, if satisfied that on reasonable grounds, among other things, the event might be the subject of a terrorist act. Peaceful advocacy, protest, and dissent is explicitly defined in that Act to not be a terrorist act.

VALS calls for Victoria Police to be transparent about the reasons for use of these powers. There is currently no evidence available that the Land Forces Exposition might have been, or might be, the subject of a terrorist act.

VALS is also concerned about reports regarding Victoria Police’s excessive use of force against protestors and legal observers, including the use of Oleoresin Capsicum (OC) spray, tear gas, rubber bullets, bean bag rounds and “flash-bangs,” along with violent arrests and the use of crowd-control tactics such as kettling and mounted police.

We understand at least one complaint has been made to IBAC in respect of Victoria Police’s misconduct. We urge IBAC to thoroughly investigate all complaints of police misconduct arising out of the Land Forces public demonstration, and to hold Victoria Police to account for any violations of human rights.

Reports regarding the indiscriminate use of OC spray are particularly concerning considering IBAC’s recent review into Victoria Police’s use of OC spray which found that:

• In many cases the decisions and actions of police escalated incidents or increased the safety risk of those involved.
• In some cases, police did not provide a verbal warning before using OC spray where it was possible to do so, and often proper aftercare was not given to those affected by the spray.
• In some cases, human rights were not considered, and police did not consider the potential physical and psychological harm caused by OC spray.

State money and resources should never be used to stifle freedom of expression and peaceful assembly. As VALS has called for time and time again, these resources are much better directed towards delivering services for communities, including adequate healthcare, housing and education.

In December 2023, VALS made a statement calling for an immediate ceasefire in Gaza. VALS is an anti-racist organisation and we are founded on the values of social justice, human rights and equality. We seek to dismantle racism in all its forms, anti-Indigenous racism, antisemitism, anti-Palestinian racism, and Islamophobia. We support all people using their voices to advance the same values.

Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service:

“The use of anti-terror laws, and expanded police powers against anti-war protestors represents a disturbing encroachment on the democratic right to protest.”

“Our people, and all people, have a human right to have our voices heard on issues which affect us. Protests must be safe spaces for all people. Where police use excessive force, this makes protests unsafe and goes against our right to protest peacefully.”

“The Government should be funding healthcare, housing and education to strengthen communities, not spending resources to protect a weapons expo.”