In a report published on 12 January, Human Rights Watch (HRW) has warned that the Australian government’s treatment of protesters is undermining its credibility when promoting human rights abroad.
Over 2021 to 2022, MALS has continued to provide unique, specialised and targeted legal and human rights information, resources, training and other forms of direct support to a wide range of diverse, progressive social movements in Victoria.
There is an alarming pre-emptive and intimidatory policing operation currently underway across four Australian states and territories.
Melbourne Activist Legal Support (MALS) welcomes the class action against Victoria Police’s use of capsicum spray and excessive force against protesters at the International Mining and Resources Conference (IMARC) in Melbourne in October 2019.
The arrest of a legal observer in Sydney in June 2022 has highlighted the need to continually assert the rights of independent legal observers to monitor police without interference or obstruction.
The criminalisation of environmental protest in Australia isn’t new.
How many times do we have to say this? Criminalising protest is bad for democracy, undermines human rights & ultimately makes things worse.
As another step in an alarming national trend of undemocratic infringements on protest rights, the Victorian Government has introduced the Sustainable Forests Timber Amendment (Timber Harvesting Safety Zones) Bill 2022 into parliament.
Melbourne Activist Legal Support is concerned about the increasing normalisation of the use of handcuffs on protesters and other people subject to arrest.
Melbourne Activist Legal Support (MALS) is seeking a skilled and committed Treasurer with an accountancy background to join our Organising Group and help build our impact, increase our capacity and strong financial growth.
The legal support offered by Blockade IMARC was remarkable in its ongoing commitment to the entirety of the process. This is rare in activist groups who all too often ‘abandon’ activists to deal with the court system by themselves long after the action has served its purpose.
Our analysis and concerns arising from the policing of protest events in Melbourne between Saturday 18 and Sunday 26 September 2021
MALS has a discussion with lawyer and human rights advocate Angus Murray, Lucie Krahulcova from Digital Rights Watch, and Sam de Silva from the Oxen Privacy Tech Foundation to explore how the Identify and Disrupt Act works, how it may interface with activists and activist groups, as well as some potential ways to think about assessing the increased digital security risks for activist work.
Update: February 3rd, 2022 The Department of Home Affairs has stated that as of December 2021, they are now using the new powers introduced by the Identify and Disrupt Act. They have not disclosed which type, nor the quantity of warrants exercised; nor whether the Australian Federal Police, the Australian Criminal Intelligence Commission, or other…
Melbourne Activist Legal Support (MALS) expresses concern regarding use of projectile weapons at Melbourne protest on 21 August 2021. Pepper ball rounds were confirmed to have been used by Victoria Police during the “anti-lock down protest” at various locations in Melbourne’s central business district on the afternoon of Saturday, 21 August, 2021. Photo and video…
The activities of the approximately 56,000 registered charities in Australia will be significantly impacted by the new regulations recently announced by the Federal Coalition government. These regulations have widened the scope for the charity regulator, Australian Charities and Not-for-profits Commission (ACNC), to investigate and deregister a charity. Many organisations, such as Greenpeace and most Aboriginal Land Councils, are…
Independent citizen monitoring of police has a long history. For several decades now, community activists, legal workers and movement lawyers have actively opposed police brutality using various means to directly observe, record, and monitor police behaviour. Today’s legal observer projects have learnt from and built upon these important grassroots initiatives. We all owe a great debt to these activists and organisors who have gone before us.
Activism, Surveillance, and Digital Security Awareness is a panel discussion that Melbourne Activist Legal Support (MALS) ran as part of Victorian Law Week 2021. It’s a discussion about the surveillance technologies currently being used, who is using them, what some of the laws are, and why we should care. We hear from four great voices…
The Victorian Government has an application process for holding large protest events under COVID. Here’s what you need to know. Updated: 29 March 2021 This new framework provides a formal pathway for organisers of protest events larger than the current public gathering limits (currently at 200 as at 26 March 2021) to be granted an…
3.00pm Sunday, February 21, 2021 Inspired by the global call for action by the Indignados movement in Spain, the protests and revolutions across the Arab World and the Occupy Wall Street protests in New York City, Occupy Melbourne and Occupy Sydney was launched by many hundreds of activists in October 2011. Occupy sought to transform…
In the past week, police have been threatening a small group of refugee protesters, including members of Grandmothers for Refugees, with arrest and issuing them with ‘Directions to Leave’. We believe that these actions by police fall outside the scope of the powers provided by the Major Events Act 2009 (Vic) and therefore unreasonably and disproportionately restrict the right to peaceful assembly and political expression enshrined in Victoria’s Charter.
You can send a letter to the Lord Mayor of Melbourne with a simple request that the Council put in place clear protocols that prevent its local laws being used to silence protest. Help us call upon the City of Melbourne to stand up for human rights and refuse police requests to silence protests.
For some time now Victoria Police have been using a City of Melbourne Council by-law – Local Activities Act 2019 – as a way of controlling and restricting protest events. Specifically, police have been calling City of Melbourne compliance officers to enforce Sections 5.7 and 12.8 of this Local Law to restrict any use of amplified sound at protest events. This is our Statement of Concern.
Kettling is a controversial containment technique used by police during protests that has the purported purpose of de-escalating tensions, but has come under heavy criticism for having the opposite effect. It involves the police confining protesters (and sometimes bystanders) to a specific area, with those caught inside only being able to leave at the decision…
This guide is to help journalists, legal and human rights observers identify weapons that are currently available to Victoria Police. This is not an exhaustive list. It includes weapons used in crowd-control / public-order management contexts. The guide is available to download as a foldable A4 leaflet here (PDF). VKS Pepper ball firearm A 175…
For urgent release 27 October 2020 Human rights and legal organisations have condemned a police operation targeting Djab Wurrung protestors who are protecting sacred Djab Wurrung trees in Victoria and are calling for urgent scrutiny of police powers and access for legal observers to monitor police actions during the protest. Legal services have received reports…
During COVID, police throughout Australia have rapidly and aggressively expanded their already-considerable surveillance capabilities, spurred on by State and Federal governments pushing technological solutions for social control during the pandemic. Amid this, we’ve witnessed the expansion of Automated Number Plate Recognition technology to profile and record the movements of citizens in vehicles, particularly at State borders which have closed during the pandemic.
Provided here is the second recording of a series of free virtual public panels and training sessions around the theme Protest, Repression, and the Law that Melbourne Activist Legal Support (MALS) is running as part of Victorian Law Week 2020. The recording is a virtual discussion on emergency and innovative legal defences for protest. In…
Police break down door of conspiracist accused of inciting anti-lockdown protest, The Age, Ashleigh McMillan
MALS understands that many people feel that the Chief Health Officer (CHO) directives such as mask-wearing, movement restrictions, business closures, and the current Stage 4 evening curfew represent unfair and unjustified infringements of their rights. For many people, these restrictions may be the first time they have experienced significant limitations upon their freedoms. For others, these restrictions may compound feelings of already being targeted by police. We understand that many people in Victoria are fearful and have concerns that these limitations on our basic freedoms might represent a growing authoritarianism. The use of the charge of ‘incitement’ against people organising or proposing any protest events as well as house raids and confiscations needs to be broadly condemned no matter where we stand.
Writing to your MP, volunteering for a community group, or attending a protest are all types of basic civic engagement that are critical for a strong democracy. However, the ability of concerned citizens to engage in protest is increasingly being discouraged, if not repressed, by a range of legal techniques and political commentary. This is the first recording of a series of free virtual public panels and training sessions around the theme Protest, Repression and the Law that Melbourne Activist Legal Support (MALS) will be running as part of Victorian Law Week 2020.
Protest, Repression and the Law: A Series of Public Panels and Trainings Previously postponed from Victoria Law Week 2020, MALS is presenting a series of free virtual public panels and trainings around the theme: “Protest, Repression and the Law.” These panels and trainings have been made possible through a grant from the Victoria Law Foundation….
Unlawful assembly is one of a number of offences related to protesting and activism that protesters can be charged with. It can be difficult to clearly define what offences may apply to protesters, with protesters often charged with multiple offences at once. There also seems to be significant overlap between what makes up the offences, with the charges tending to rely heavily on police discretion. The broadness and lack of clarity surrounding the offence allows it to be utilised by police to limit political protest.
Earlier this year, several people were fined for breaching COVID-19 restrictions whilst protesting. They were protesting against the serious mistreatment of refugees and asylum seekers in Mantra hotels in Victoria and the heightened risk surrounding COVID-19 for those detained. Whilst many protesters were fined for disobeying COVID-19 restrictions, Mantra protest organiser Chris Breen was arrested in his home under the charge of incitement before the protest had even begun. The police also seized his computers and phones during the raid. Given the evolving climate surrounding protesting under COVID-19 restrictions, it is important to have an understanding of the charge of incitement and how it is used in Victoria…
Executive summary The threat posed by Covid-19 has led to the mobilisation of state power and authority in new and untested ways. While the community has a shared interest in successfully containing the virus, early evidence suggests that enforcement of public health orders disproportionately impacts on oppressed, poor and marginalised communities. In July 2020, the…
Victoria Police has an arsenal of surveillance equipment and tactics that are regularly deployed against activists. In some cases, new equipment or tactics are trialled at simple demonstrations or marches for use in more rigorous situations later, such as direct actions or protest events. Other times, police surveillance has become a normalised part of life in modern society. Being aware of some of the visible and invisible surveillance that police particularly use against activists is a part of being able to endure in your activism, and is an important part of cultivating and sustaining a culture of resistance as a whole…
The barrage of condemnation, threats, political and legal repression faced by Warriors of the Aboriginal Resistance (WAR) this past week, is astounding. We at Melbourne Activist Legal Support, along with our supporting community legal centres and firms, have nothing but admiration for the integrity, strength, and diligence shown by all the organisers of the Melbourne rally, and the many smaller regional events and those held around the country.
Protests of groups of ten people are ‘permissible’ under the latest Victorian Stay at Home Directions (No.6). Under the new directions from the Chief Health Officer (CHO) (12 May 2020), Victorians are permitted to leave the house to visit friends or family, to meet in groups of ten outside, and to have up to five…
One pandemic. Two ways of policing protests. May 1 is International Workers’ Day, a day to demand fairer labour conditions and show solidarity across labour movements. Despite the pandemic, workers rallied around the world this May 1. Given the precarious economic times, gatherings in support of workers’ rights were likely all-the-more important this year. Although both…
Neutral Legal Observers at protests, ABC Law Report, Damien Carrick
Melbourne Activist Legal Support (MALS) is extremely concerned about the way in which the police have used their special policing powers in relation to COVID-19 to suppress peaceful protest. The effect has been to prevent political communication. The situation highlights the lack of exception for peaceful protest under Victorian emergency restrictions. Police arrested one of the…
How to Get Out of an ‘Unfair’ Coronavirus Fine, 10 Daily, Josh Butler
MALS Endorses Joint NGO Submission to Australia’s 3rd Universal Periodic Review Concerned with narrowing space for civil engagement and protest across Australia, Melbourne Activist Legal Support (MALS) endorses in whole the joint non governmental organisation (NGO) submission to Australia’s 3rd Universal Periodic Review that was released on Thursday 9th April. The submission was endorsed by…
Refugee supporters to defy police ban on car cavalcade, Green Left Weekly, Chris Slee
Melbourne Activist Legal Support (MALS) expresses concern regarding the dampening of political speech and peaceful association in police threats to fine protesters A unique cavalcade protest that had planned to abide by social distancing restrictions has been banned by local police. Victoria Police threatened the organisers with a hefty fines if the cavalcade went ahead.*…
Historically crises have been exploited to introduce dangerous policies—right now may be one of these moments. By Sahar Vardi, Mar 26, 2020 With the rise of far right, nationalist governments over the past few years, the world has seen more measures to systematically target voices of dissent and political opposition—resulting in the rapid shrinking of…
This post is an excerpt from our recent Legal Observer Report: The Policing of the IMARC Protests. Melbourne Activist Legal Support has tracked the rise in coercive and excessive crowd control tactics by Victoria Police over several years at protest events throughout Victoria. Victoria Police’s approach to protests has been characterised by a lack of…
Australia’s civil rights rating downgraded as report finds world becoming less free, The Guardian, Ben Doherty
Legal Observers find police ‘set tone of violence’ at anti-mining protests, The Age, Benjamin Millar
Download a PDF copy of this 45 page report here. Media: Legal observers find police ‘set tone of violence’ at anti-mining protests. Benjamin Miller, The Age, December 7, 2019. Executive Summary The police tactics, approaches and the behaviour of individual police members during the IMARC protest events from Tuesday 29th to Thursday 31st October demonstrated…
Statement of Concern: Policing of opposing anti-trans & trans rights rallies
Melbourne Activist Legal Support (MALS) expresses concern regarding the failure of police to act compatibly with human rights and give proper consideration to human rights in tactical decisions whilst policing opposing rallies at Parliament House on Saturday, 18 March 2023.