Coalition push to give police the power to break up protests

Dumped laws that allowed Victoria Police to break up protests and move on demonstrators will be reintroduced to parliament on Wednesday as part of an attempted revival by the Coalition in the wake of angry clashes over the Gaza conflict.

The controversial anti-protest laws were introduced in 2014 by the Napthine government, which gave police the power to move on protesters obstructing buildings or traffic, being violent or causing fear.

Pro-Palestinian protesters rallied in Caulfield last week after a local burger shop that was destroyed by fire became a focal point of community tensions over the Gaza conflict.Credit: Simon Schluter

The laws, which also gave police the option of using the courts to ban some protesters from attending rally sites, were repealed one year later by the newly installed Andrews government, which argued the legislation stifled free speech and banned peaceful protests.

The move to revive the discarded laws follows tensions between pro-Israel and pro-Palestine groups that erupted last Friday night after a fire that destroyed a Caulfield burger shop. Police were forced to close the street, halting trams and traffic, but made no arrests.

Shadow attorney-general Michael O’Brien will lead the push to give police more powers to crack down on violent protesters.Credit: Joe Armao

Shadow attorney-general Michael O’Brien – who served as treasurer in the Napthine government – will attempt to introduce a private member’s bill on Wednesday, giving Victoria Police and protective service officers the full move-on powers scrapped in 2015.

O’Brien took his proposal to a joint Coalition party room meeting on Tuesday where it received strong support from Liberal and National Party MPs, according to three MPs who spoke to The Age on the condition of anonymity to discuss party room deliberations.

The proposed change would allow police to “move on” any protester causing a “reasonable apprehension of violence”, obstructing someone from entering or leaving premises or anyone who has committed an offence in the public place within 12 hours.

O’Brien said the changes were needed to protect faith communities from harassment.

“These powers worked before, and they are proportionate and necessary to preserve public order. Everybody has the right to be free from harassment, including due to their faith,” he said.

“Victoria is a strong multicultural state which prides itself on its diversity and harmony. We must not allow it to be undermined by denying Victoria Police sensible powers to deal with those whose actions put community safety at risk.”

In 2015, Labor repealed the anti-protest legislation, labelling the move-on powers “Bjelke-Petersen-style laws” and accusing the Coalition of outlawing peaceful protests and targeting unions. It retained the police power to “move on” protesters endangering public safety, trespassing, blocking roads and footpaths or being violent.

O’Brien’s private member’s bill will not pass the Legislative Assembly without Labor’s backing, and would require the support of eight of the 12 crossbench MPs in the upper house.

Speaking in Parliament on Tuesday, Police Minister Anthony Carbines said Victoria Police had established a taskforce to respond to protests as officers ramped up patrols to prevent further violence following the ugly clash in Caulfield last week.

Carbines said 250 police officers were in the CBD rally over the weekend and an extra 29 police units would patrol places of Jewish and Islamic significance over the coming two weeks for community assurance, particularly around Glen Eira, Kingston and Bayside.

Police Minister Anthony Carbines said Victoria Police had established a taskforce to respond to protests following the ugly clash in Caulfield last week.Credit: Chris Hopkins

The push for greater police powers comes after NSW Premier Chris Minns warned NSW Police would consider using extraordinary powers, first seen in the 2005 Cronulla race riots, to stop and search pro-Palestinian activists.

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