Victoria Police Revokes Warrantless Pat-Down Powers in Inner Melbourne

Warrantless Search Powers Revoked Early

Victoria Police has announced the early revocation of powers that permitted warrantless pat-downs and searches across inner Melbourne. The declaration of the city's central business district and surrounding areas as a 'designated area' concluded at 11:59 PM on Friday, January 9, 2026, more than four months ahead of its scheduled end date of May 29, 2026.

The powers, which allowed police and protective services officers (PSOs) to stop and search individuals and vehicles without a warrant or reasonable grounds, were initially implemented in November 2025. The designated area encompassed the CBD, Docklands, Southbank, the sporting and entertainment precinct, and parts of East Melbourne and South Melbourne. Searches could involve electronic wands, pat-downs, and requests for individuals to remove outer clothing or empty pockets.

Criticism and Impending Legal Challenge

While Victoria Police did not provide a specific reason for the early revocation, the decision was made just days before an urgent Federal Court challenge was set to begin. The legal challenge was brought by community organiser Tarneen Onus Browne and environmental activist Benny Zable, represented by the Human Rights Law Centre. They argued that the legal threshold for the six-month designation was not met and that it breached Victoria's Charter of Human Rights and Responsibilities.

The declaration had faced significant opposition from various legal and human rights organisations. Liberty Victoria, a civil rights organisation, had described the powers as an 'unjustified limitation on people's privacy' and ineffective, citing a report that found only 1% of such searches over a two-year period resulted in the seizure of illicit items. The Inner Melbourne Community Legal had also labelled the six-month designation as a 'vast overreach,' expressing concerns about its potential to disproportionately impact minorities and vulnerable groups.

Police Stance and Future Considerations

Despite the revocation of these specific powers, Victoria Police has indicated that it is considering making a new declaration, with the duration and size yet to be determined. A spokesperson stated that 'Victoria police continues to make use of weapons search declarations to keep the public safe, with several made in just the last few weeks.'

The force had previously disclosed that an internal audit uncovered 23 instances over eight years where it did not comply with the law when using wide-ranging search powers. These non-compliant searches resulted in 33 people being charged or fined. Victoria Police maintains a 'zero tolerance towards racial profiling' and asserts that officers are 'well trained to police in response to a person's behaviour, not their background.'

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5 Comments

Avatar of Mariposa

Mariposa

Excellent decision. No one should be searched without proper cause.

Avatar of Muchacha

Muchacha

A step towards fairer policing. The disproportionate impact needed addressing.

Avatar of Bella Ciao

Bella Ciao

This just makes criminals bolder. Police need tools to keep us safe!

Avatar of Africa

Africa

So, we're just letting crime run rampant now? Thanks, activists.

Avatar of Habibi

Habibi

Great news! Finally some common sense for civil liberties.

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