Policing Occupy Melbourne

While the violent nature of the removal of protestors during the Occupy Melbourne eviction on 21 October last year raised concern over abuses of human rights and freedom of speech, the legality of police force used during the eviction remains unclear to many who were involved.

One year on, the images of that day remain vivid in protestors’ minds. A young man recounts being kicked in the face and the nose, and then grabbed by the throat by a police officer. Other protestors remember the fiery sting of pepper spray in their eyes as they were forced to move on from the area.

These examples represent only some of the extensive eyewitness accounts of the day and were highlighted in a recent report by the Occupy Melbourne Legal Support Team, titled ‘Occupy Policing’.

“The legal basis upon which the police were evicting people was fairly unclear. At first it was allegedly due to trespass powers, then it was move on powers, and then due to abridgement of the peace. But it was still unclear what powers they were legitimately using to move people on,” says Rhys Aconley-Jones, report co-author and Juris Doctor student at Melbourne Law School.

“It can get really cloudy. especially when you’re being given directives by police officers. The directive itself might be outside of your rights but if you choose to resist that directive you might be seen to be creating public nuisance,” Mr Aconley-Jones says.

A key objective of the report is to give voice to protestors and their experiences of policing on the day, and the effects violence had on those involved.

“The problem is that the laws surrounding protesting are not really clear for non-lawyers. Most people wouldn’t know what their rights really are. Lord Mayor Robert Doyle and the Victoria Police have been quoted as saying the right to protest is time-limited to a week,” says David Adam, who is also a co-author of the report and studying the Juris Doctor at Melbourne Law School.

“Protesting is not illegal, but laws are often used to place limits on its form, duration and location,” says Mr Adam.

According to the report, Australia does not have a bill of rights that guarantees freedom of political expression and assembly. However, the High Court of Australia recognises an implied freedom of political communication in the Australian Constitution, and the Victorian Charter of Human Rights and Responsibilities 2006 highlights several rights relating to freedom of speech and assembly.

“It’s very important for activists to know their rights but I think it is equally important for the police and institutions to be very clear on what activists’ rights are,” Mr Adam says.

The report found there is enough evidence to call for an independent inquiry into the legality of the eviction and policing of Occupy Melbourne protestors.

“One of our big aims is to establish some sort of accountability mechanism, because the media reports and justifications for the eviction have been so diverse and confused at times. Hopefully we would like to see some kind of accountability down the track,” Mr Aconley-Jones says.

Occupy Melbourne is part of a global social movement on issues such as economic inequality and social justice, and took place from 15-20 October 2011. 

The Occupy Melbourne Legal Support Team formed one week before the protests started in the City Square last year and comprises students from Melbourne Law School. The team co-ordinates workshops about the legal issues around public protest, and the use of force by police when removing activists from protest sites. They also document the experiences of protestors, and investigate claims of illegitimate policing at Occupy Melbourne.

“I got involved because I’m interested in public-facing areas of the law. I think it has helped me be able to write and communicate the law in a way that is more accessible to the general public,” Mr Adam says.

“The reality is there are huge barriers for justice for some of the people that were involved so it’s quite an important role for lawyers to be able to help people understand the law.”

www.law.unimelb.edu.au