Activist Legal News and Updates

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Train as a MALS legal observer and help protect the right to protest!

Legal observing is suitable for people of all experience levels and abilities.

Our practical workshops are led by experienced trainers to equip you with the knowledge, skills, and confidence to be a legal observer.

 • Date: Saturday 29 June, 2024

 • Time: 1pm-5pm

 • Where: Salvos Youth Hall, 41 Mater Street, Collingwood

Bookings are ESSENTIAL and spaces are LIMITED, so get in quick!

If you have any questions or if you miss out on a ticket want to join the wait list, please contact us at [email protected].

points of concern

Policing of the Free Palestine rally on 28 April 2024

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Once again, MALS legal observers have raised concerns regarding Victoria Police's response to protesters exercising their right to freedom of assembly.

At the Free Palestine rally on Sunday 28 April, LOs observed:

• police failed to provide adequate traffic control, which put the safety of protesters and the public at risk

• police used excessive force to arrest, placed someone in handcuffs and then failed to respond to their deteriorating health condition

• a uniformed Victoria Police officer wearing a 'thin blue line' patch, a common symbol adopted by white nationalist and alt-right groups. 

MALS is concerned by the continued failure of Victoria Police to facilitate protests without bias or discrimination, ensure protester safety, and uphold the right to protest.  

mals report

Report on Victoria Police response to the '420 In The Park' rally

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MALS has published a report about the policing of the annual '420 In The Park' rally at Flagstaff Gardens on Saturday 4 April, 2024.

Legal observers noted several incidents of inconsistent and intimidatory policing throughout the day, including:

• mobilisation of a massive number of police officers and excessive deployment of police resources 
• police searching individuals multiple times throughout the day, including people holding valid medical cannabis prescriptions
• seemingly random searches and arrests 
• intimidating and punitive policing, which gave rise to an unreasonable and unjustified interference with the right to protest

The Human Rights Law Centre also noted that the Victoria Police response to the event contradicted their repeated calls to restrict people's right to protest because their capacity is stretched attending to too many protests, with senior lawyer David Mejia-Canales observing:

"...they send 35 cops, dogs, three on-site tents, a mobile van and marked cars to police some stoners hanging out in a park. Maybe policing is the problem, not democratic protests."

#Fundthefrontline Campaign

#FundTheFrontline!

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MALS' annual fundraising campaign is about to launch and we need the help of our members and key supporters!

We are seeking contacts for senior partners or pro-bono coordinators at Victorian law firms, chambers,  law schools and other legal bodies who may be interested in hosting a #FundTheFrontline webinar or in-person presentation to their staff during the month of June.  If you have a contact that fits the bill, please let the MALS Fundraising Team know at [email protected]. 

You can also support us by sharing the word, cross-posting our callouts, and boosting our fundraising messages over the next few weeks.

Stay tuned for more #FundTheFrontline news and how you can help!

IBAC report

Review confirms Victoria Police is using OC Spray unlawfully

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Victoria Police frequently use chemical weapons unlawfully against members of the public, escalate incidents and increase safety risks as a result of their actions, and fail to rigorously investigate incidents involving OC spray according to an Independent Broad-Based Anti-corruption Committee (IBAC) report published last month.

Confirming what MALS legal observers have observed and documented over many years, the report found that members of Victoria Police use beyond its lawfully permitted use and frequently use it as a coercive tool or where there is no immediate or proportionate threat to police officers or the public.

IBAC also found that ‘in many cases the decisions and actions of police escalated incidents or increased the safety risk of those involved.’ 

IBAC also found that internal police investigations into incidents involving OC spray ‘were not rigorous’ and Victoria Police ‘did not impose serious disciplinary action’ when allegations of misuse were substantiated. 

However, MALS notes that IBAC's recommendations in response to their findings fail to address the deep systemic problem of Victoria Police’s consistent use of excessive force and impunity for members of Victoria Police.

court finding against victoria police

Court finds Victoria Police guilty of unlawful and unjustified violence against protesters

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A County Court judge has found Victoria Police guilty of using unlawful and unjustified violence against anti-lockdown protestors at the height of the COVID-19 pandemic.

The charges against the protesters were dropped while police now face possible charges themselves.

MALS published several Statements of Concern regarding Victoria Police's repression of the right to protest during lockdowns. MALS also published a comprehensive analysis of the policing of protests in Melbourne over the course of a week in 2021.

human rights report

MALS features in CIVICUS Monitor's latest Australia report

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Statements of Concern published by MALS legal observers have featured in a recent CIVICUS Monitor report highlighting ongoing crackdowns on the right to freedom of assembly and the undermining of civic freedoms across Australia.

The CIVICUS Monitor report references MALS Statements of Concern from pro-Palestine protests in Melbourne on 22 January 2024 and 4 February 2024 that illustrate Victoria Police's continued repression of the right to protest. 

MALS will continue to collect evidence of and publish reports highlighting police misconduct to support important international human rights assessments such as those by CIVICUS Monitor.

mals membership

Get involved- become a member of MALS!

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MALS defends civil and political rights by training activists, creating and sharing resources on the right to protest in Victoria, training and fielding Legal Observers to monitor and report on police actions, and linking activists with supportive law firms and community legal centres.

Becoming a MALS member means you can contribute to planning and decision-making, participate in working groups, and help increase our impact as we protect the right to protest!