Your rights in Designated Areas
Information on the three main powers affecting people at protests inside a ‘designated area’:
1. searches
2. directions to remove face coverings
3. directions to leave the area.
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Designated Areas as Protest Control
MALS believes that the use of designated areas as a method of protest control undermines the rights to assembly, association, and political expression that are protected under sections 15 and 16 of the Victorian Charter of Human Rights and Responsibilities (the Charter)
MALS calls for ban of dangerous police weapons
Melbourne Activist Legal Support (MALS) has provided a submission to the United Nations Special Rapporteur on Torture recommending a ban on the police use of explosive weapons such as stinger grenades and flash-bangs, a prohibition on the use of police horses as crowd control weapons and far stricter controls on the use of OC spray and kinetic projectile weapons that were used during Melbourne’s anti-lockdown protests.
Australia’s civic freedoms remain ‘narrowed’ – CIVICUS Global Report
The latest CIVICUS Monitor global report, which analyses the extent to which civil society rights are respected, upheld, and protected, has found civic space in Australia remains ‘narrowed’.
Human Rights Watch: Australia’s credibility abroad undermined by crackdown on protest rights
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.
Annual Report 2022
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.
End Police intimidation of activists
There is an alarming pre-emptive and intimidatory policing operation currently underway across four Australian states and territories.
Asserting the rights of legal observers
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.
‘Draconian and undemocratic’: why criminalising climate protesters in Australia doesn’t actually work
The criminalisation of environmental protest in Australia isn’t new.
Criminalising protest is bad for democracy
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.
Statement of Concern: Unnecessary use of handcuffs
Melbourne Activist Legal Support is concerned about the increasing normalisation of the use of handcuffs on protesters and other people subject to arrest.
Where does MALS sit with all these ‘anti-lockdown’ protests?
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.
Protest, Repression, and the Law: A Right to Protest?
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.
MALS Upcoming Public Events
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
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.
Charge of Incitement
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…
Being Aware of Visible (and Invisible) Surveillance at Protests
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…
Community Service Announcement: ‘Protests of Groups of 10’ permitted under latest COVID Directions in Victoria
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…
Statement of Concern: Good Friday Protest Suppressed by Police under COVID Restrictions
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…
Calling out Australia at the United Nations
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…
Statement of Concern: Unique protest squashed by police due to COVID restrictions
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.*…
Are governments violating human rights and civil liberties in coronavirus response?
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…
What is ‘Strategic Incapacitation’ and why is it important for activists to understand it?
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…
Legal Observer Report: Policing of the IMARC Protests
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…
Open Letter to Victoria Police
In reply and in light of protest events planned in Melbourne for the month of October we take this opportunity to remind Victoria Police senior command and all operational commanders assigned to public order policing duties over the coming weeks, that ‘disruption to others’ does not justify limiting the Right to Peaceful Assembly.
Statement of Concern: The Policing of ‘Extinction Rebellion’
Princess Bridge Blockade and dance protest event Saturday 14th September 2019, Melbourne, Australia Please Note: A response by Victoria Police to the Statement of Concern is included below. On Saturday 14th September 2019 Melbourne Activist Legal Support (MALS) fielded a team of eight (8) trained Legal Observers at the ‘Princes Bridge Block & Dance’ protest…
Help us protect your rights to protest: Donate to MALS now!
Melbourne Activist Legal Support has launched our first-ever crowdfunding campaign, and here’s why. When people protest in Melbourne, MALS is often there behind the scenes. Our Legal Observer Teams in pink vests and cameras are now a pretty familiar sight on the streets of Melbourne. MALS is an all-volunteer group of lawyers, law-students, and human…
What is this thing called Activist Legal Support?
Activist Legal Support is not just Legal Observing Many people these days equate Legal Observing with “legal support” partly due to the relatively high visibility and profile of Legal Observing, particularly in Victoria – Legal Observers stand out whilst back-end legal support training / arrest support / court support is far less visible to anyone…
Statement of Concern: Policing of Invasion Day, 2019
On Saturday 26 January 2019 Melbourne Activist Legal Support (MALS) fielded a team of ten (10) trained Legal Observers at the Invasion Day march that took place in Melbourne’s Central Business District. The march, which was organised by the group Warriors of Aboriginal Resistance, began with speakers at Victoria’s Parliament House on Spring Street, proceeded…
#NotWithYou: Why More Weapons for Victoria Police is a Very Bad Idea
Victoria Police have revealed it’s armoury of new repressive weaponry.
Statement of Concern: Unlawful use of OC Foam, 25th June 2017
‘No Pride in Hate’ Rally, 25th June 2017, Melbourne, Australia On Sunday the 25th of June 2017 Melbourne Activist Legal Support (MALS) fielded a team of five (5) trained Legal Observers at the ‘No Pride in Hate’ protest that took place between the Carlton Gardens and Melbourne’s Central Business District. Legal Observers monitored and recorded…
Our Activist Lawyers Network is launched!
A report on the launch of the Activist Lawyers Network Melbourne Activist Legal Support (MALS) launched our lawyers network with Amnesty International-Victoria on the 30th May 2017. We heard from several lawyers with combined decades of experience in supporting activists and progressive causes – Matt Wilson (MALS) Rob Stary from Stary Norton Helphan, Meghan Fitzgerald from Fitzroy…
Roles of the Activist Lawyers Network
Solicitors can play a vital role in protecting the civil, political and human rights of activists seeking positive change. They can help demystify the law and legal processes, provide concrete information and help activists make informed choices about protest action. Importantly, lawyers can reassure people engaged in civil disobedience by their presence, support and advocacy…
About the Anti-Mask (Public Order) Laws
Since our article Anti-Mask Laws proposed in Victoria, was published the Crimes Legislation Amendment (Public Order) Bill 2017 has been passed in the Victorian Legislative Assembly and is now law in Victoria. This article has been updated on 21 June 2018. PLEASE NOTE: Masks are NOT be banned at all protest events–but ONLY those held…
Lawful or Unlawful?
“I support your right to protest, as long as you don’t break the law…” How many times have you heard this statement from police, from politicians, from passers by, or even friends and family? A Victorian Premier, when questioned about protesters picketing a company building said that while he respected the right of people to…
Are you a Human Rights Defender? The Statement from the United Nations Special Rapporteur is Worth a Read
United Nations special rapporteur Michel Forst, who members of Melbourne Activist Legal Support met with in early October, has released his report on the situation of human rights defenders in Australia.*
It was a powerful and important statement and has largely backed up what Australian activist, legal and human rights organisations have been saying for many years – that the Australian Government is dangerously impeding and repressing those of us in Australia trying to defend and stand up for our basic civil and political rights.
Statement of Concern: Reclaim Australia and Counter Rallies, 18th July 2015
On Saturday the 18th of July 2015 Melbourne Activist Legal Support (MALS) fielded a team of eight (8) trained Legal Observers at the Reclaim Australia and counter rallies that took place near the intersection of Spring and Bourke Streets in Melbourne’s Central Business District. Legal Observers monitored the actions of Victoria Police and recorded evidence…
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.