Changes to the Control of Weapons Act 1990 (Vic) have expanded police powers to stop and search people in designated areas — even where there is no reasonable cause. The Allan Government introduced these changes as part of a broader crackdown on knife-related violence and rising public concern about weapons offences. These “no reason” searches raise serious concerns about community trust, human rights, and the wellbeing of young people in Melbourne’s southeast.
Despite police and Government asserting that these expanded powers are for the safety of our community, evidence shows that these policies are largely ineffective and do more harm than good. In fact, over a two-year period, only 1% of these searches resulted in police finding weapons or contraband items. We believe that this use of expanded police powers is harmful and unfair.
Already, we have seen the Chief Commissioner of Police declare a designated area in Narre Warren, and this week another in Dandenong and Waverly Gardens Shopping Centre.
How does this impact our clients?
For young people, especially those from diverse cultural backgrounds, the risks are clear. Police now hold broad, discretionary powers to stop, search, and detain without needing a reason. This leaves room for profiling, discrimination, and erosion of rights. These changes particularly impact the right to freedom of movement, which is protected under Victoria’s Human Rights Charter.
We believe these expanded police powers are unjust, ineffective, and incompatible with Victoria’s Charter of Human Rights and Responsibilities. They undermine trust in policing and disproportionately impact marginalised communities, particularly young people of colour. We are especially concerned that within these expanded search areas police are permitted to ask people to remove headwear, scarves, and clothing. This has a disproportionate impact on people who wear religious garments, raising further human rights concerns and potentially deepening mistrust between communities and police.
As the CEO of Victorian Aboriginal Legal Service, Nerita Waight, said, “The data indicates the success of finding concealed weapons in designated areas currently sits at 1%. If a community-led program was having this level of success we would be defunded, instead VicPol are seeking a license to continue to racially profile disadvantaged and marginalised peoples under the guise of community safety, without the results.”
Young people, already over-policed in many parts of Australia, are particularly vulnerable. The Human Rights Charter [1] recognises that children must not be discriminated against and that their best interests must be a primary consideration. The expanded search powers sit uneasily with those obligations.
What are the avenues for help?
Even in designated areas, where police stop and searches are deemed lawful, young people have the right to access support. Services include:
- Victoria Legal Aid: Legal Help Line on 1300 792 387 between 8 am to 6 pm, Monday to Friday.
- South-East Monash Legal Service: criminal law duty lawyers, social work, and wraparound support for people in the southeast.
- Other community legal centres: YouthLaw, Peninsula Community Legal Centre, and others listed under the Federation of Community Legal Centres
- If you are Aboriginal or Torres Strait islander: you can call VALS 1800 064 865.
Non-legal supports are also available, including referrals to social workers and other community services. If you’re unsure, contact us and we will let you know how we can help.
How can we support fairer responses?
Stronger community engagement is essential. When legal services, social workers, and communities share feedback about how these powers are used, state services and parliament can better understand the impacts and respond more appropriately.
When politicians choose not to fund the social infrastructure essential for community wellbeing, (youth services, mental health, aged care, childcare, hospitals), it demonstrates to young people that their future does not matter.
Young people want to participate. They want to play sports, join clubs, be creative and feel that they belong and matter in our society. Governments choose to fund detention camps on Nauru, nuclear submarines, and approve coal mines that destroy our future rather than invest in a society where young people matter.
If we are genuinely concerned with their protection and preventing violence, we must recognise that expanding police powers only addresses the symptoms of a deeper crisis. As young people are systematically marginalised, they feel more and more that they do not matter. True prevention requires investment in communities, and building a society where young people are truly valued.
This is also an issue of access to justice. People must understand their rights and how to exercise them, especially in the face of expanding police powers. Under current legislation, it’s essential that government and community services communicate clearly and consistently about legal rights and protections. Everyone should know what rights they hold under Victoria’s Charter of Human Rights and Responsibilities, and where to seek support if those rights are breached. Community legal centres and social support organisations play a key role in providing safe, trusted spaces for those conversations.
[1] Section 17(2) Charter of Human Rights and Responsibilities Act 2006
