A coalition of Australia Day protest organisers and a major human rights organisation has filed an urgent challenge in the Federal Court against Victoria Police’s expanded search powers, warning the measures could silence political expression ahead of the January 26 “Invasion Day” rallies.
The action, supported by the Human Rights Law Centre (HRLC), argues that the recent declaration of Melbourne’s CBD and surrounding precincts as a “designated area” unlawfully restricts the constitutional right to peaceful assembly.
In November, as part of its response to a surge in knife crime, Victoria Police granted itself six months of expanded powers covering the CBD, the MCG, the Royal Botanic Gardens and nearby areas. Under the designation, officers may search people and vehicles for weapons without a warrant and may order individuals to leave the zone if they refuse to remove a face covering.
Tarneen Onus Browne, the organiser of Melbourne’s annual Invasion Day protest, is among the plaintiffs seeking to overturn the decision before January 26. The HRLC argues the restrictions on face coverings — a critical issue for protesters concerned about privacy, safety and targeted policing — are unnecessary and unconstitutional.
“We have a constitutionally protected right to express ourselves politically through peaceful protest, and designated areas interfere with our ability to do so,” the HRLC said. The organisation is seeking a ruling before January 26, 2026, to ensure that the protest can proceed “without undue police interference”.
Onus Browne argued that the expanded powers will deter participation and further marginalise First Nations peoples.
“I’ve been organising Invasion Day rallies for 10 years. This is our national day of protest,” she said. “What does it say that Victoria has just signed a Treaty, yet is expanding police powers that harm us and stop us from speaking up about our history and resistance?”
Onus Browne is a community organiser with Warriors of the Aboriginal Resistance, the group behind the annual January 26 protest marches in Melbourne’s CBD.
Victoria Police expanded the designated-area powers after a series of violent knife incidents across Melbourne, including the random stabbing of a woman in the CBD and the fatal stabbing of two teenagers in Cobblebank. Police maintain the measures are necessary to prevent further harm.
The Federal Court is expected to list the matter urgently ahead of the Australia Day public holiday.
