Legal Challenge Against Victoria Police's Search Zone Declaration

A federal court challenge has been initiated by Tarneen Onus Browne, an organizer of Melbourne’s annual Invasion Day rally, and Benny Zable, an 80-year-old environmental activist. This legal action contests a recent declaration by Victoria police that designates parts of Melbourne's Central Business District (CBD) as a search zone for six months, allowing police to stop and search individuals without a warrant. The Human Rights Law Centre represents the plaintiffs, aiming for the case to be heard before the Invasion Day rally scheduled for January 26, 2026.

The Guardian

The police declaration, effective from November 30, 2025, until May 29, 2026, encompasses the CBD, Docklands, Southbank, and parts of East and South Melbourne. Under this declaration, police and protective services officers (PSOs) can conduct searches that may include pat-downs and requests to remove outer clothing. The declaration also prohibits individuals from obstructing officers during searches, raising concerns about potential violations of civil liberties.

The Guardian

Previously, the Control of Weapons Act limited designated area declarations to a maximum of 12 hours. However, amendments made earlier this year extended this duration to six months as part of a strategy to combat knife crime. The government acknowledged that these measures might conflict with the Victorian Charter of Human Rights and Responsibilities. Recent amendments further expanded the designated areas to include major transit points and allowed for electronic issuance of search notices. Notably, police can now search minors and individuals with intellectual impairments without a guardian present under certain urgent circumstances.

The Guardian

Onus Browne expressed apprehension regarding the implications of the search zone on human rights and public safety, particularly during the Invasion Day rally. She stated, “These new police powers will supercharge the harassment and targeting of our community on this important day, and deter First Nations people and allies from showing up and exercising their right to protest.” Zable, known for his “Greedozer” costume, echoed these concerns, fearing increased police violence against individuals wearing masks for various reasons.

The Guardian

The challenge argues that the broad scope of the police powers is unconstitutional, infringing on rights to peaceful assembly, privacy, and freedom of expression. The plaintiffs contend that the declaration is not necessary to mitigate the risk of weapons offenses, thus questioning the validity of the police's authority to impose such measures.

The Guardian

• “These new police powers will supercharge the harassment and targeting of our community on this important day, and deter First Nations people and allies from showing up and exercising their right to protest,” — Tarneen Onus Browne, Invasion Day Rally Organizer

The Guardian

• “I’m worried that police will now have more powers to use more violence against me, as well as other people who wear masks for all sorts of reasons, including vulnerable people,” — Benny Zable, Environmental Activist

The Guardian

The federal court is expected to address the challenge before the Invasion Day rally, as the plaintiffs seek to halt the enforcement of the police declaration, which they argue undermines fundamental human rights.

The Guardian