Legal and human rights groups urge caution over use of emergency powers
Police discretion in enforcing lockdown rules has left many Victorians confused about what they can and can’t do. And human rights organisations are warning that cops need to be kept accountable as they are given unprecedented new powers.
South East
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Legal and human rights groups are urging people to report police officers who abuse their powers while enforcing coronavirus lockdowns.
Melbourne-based Police Accountability Project is tracking the use of emergency powers and policing with a website called COVID-19 Policing in Australia.
People can anonymously report incidents they have experienced or witnessed.
“Victoria Police must ensure its responses (to the COVID-19 pandemic) are aligned to the current circumstances and do not infringe upon the health, human rights and dignity of Victorian residents and visitors,” a statement from the Police Accountability Project says.
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“While the policing of curfews and restrictions may seem justified, they can still be applied in a discriminatory, abusive and harmful manner.”
Police have the power to enforce social distancing measures and can issue on the spot fines of up to $1652 for individuals and up to $9913 for businesses in Victoria.
While acknowledging social distancing rules and restrictions on mass gatherings were important to protect the community, the group said examining the way these “unprecedented” powers were enforced was also vital.
They have joined with organisations such as Liberty Victoria and Amnesty International in their mission to keep police powers in check, and are calling on state and territory governments across the country to scrutinise and report on the application of police powers, and investigate reported instances of police discrimination and misconduct.
A Victoria Police spokesman said officers were issuing fines to people who showed a blatant disregard to directions from the Chief Health Officer.
“While the majority of the Victorian community are doing the right thing, there are people that blatantly continue to flout the rules and put people’s lives at risk which is plain unacceptable,” he said.
“Police will always apply common sense and in certain circumstances officers will still use discretion, however the expectation on all police officers across the state is that the restrictions are to be enforced.
“We have asked our members when issuing an infringement to consider whether they would be comfortable if it were issued to a family member in those circumstances, or whether a warning may be more appropriate.”
He said people could apply to have a matter reviewed and, if not satisfied with the outcome of that, have it heard in court.