Draconian new Stop And Search Powers To Become Permanent in Queensland

 

The Qld Government plans to give police enhanced powers to search people with a handheld metal detector in certain areas, without their consent or the usual ‘reasonable’ suspicion requirement.

Initially, the new laws will apply only to people within Queensland’s ‘safe-night precincts’ and ‘transport areas’, but there is little doubt they are intended to be applied more broadly over time.

Under current legislation, police cannot stop and search someone without their consent or without ‘reasonably suspecting’ them of having committed an offence.

It is a requirement which protects ordinary, law-abiding citizens from arbitrary interference that infringes on their right to privacy and free movement.

The requirement of ‘reasonable suspicion’ also gives police an objective standard for carrying out searches fairly and without discrimination.

In 2021, legislation was passed in Parliament enabling a ‘trial’ of the new laws at two sites on the Gold Coast.

According to the Premier, the laws will now be made permanent as a “necessary response to the increased incidence of weapon seizures” during the trial.

What the Premier failed to mention was that the Evaluation Report on that trial, had found that:

“…apart from the increase in weapons offences noted for Surfers Paradise, there was no statistically significant change in any other category of crime across the two areas, or in any of the adjacent areas we examined… From this we conclude that, as yet, there is no evidence to suggest that increased detection of knives has reduced violent or other offending”.

The potential invasiveness of the laws has also been downplayed by the government.

Given most people carry keys and other metal objects, a lot of people are going to be subjected to far more invasive public searches than a simple ‘once-over’ with a metal detector.

Such laws will inevitably cause increased feelings of distrust and resentment towards police, particularly from those groups/ethnicities who may feel unfairly singled out by police.

Deputy police commissioner, Mark Wheeler, said officers will be “judicious” in using the new powers, however, according to the Trial Report, the powers had been:

“inconsistently used across different groups in the community” and “there is some evidence of inappropriate use of stereotypes and cultural assumptions by a small number of officers in determining who to select for wanding”.

There is simply no clear evidence that these extra powers are needed in Queensland.

Or that such powers will lead to reduced crime levels.

What they will do, however, is further erode our civil liberties and lead to even more intrusive and coercive forms of policing down the track.

MUST WATCH: QCCL PRESIDENT TELLS GOVERNMENT: ‘THESE EMERGENCY POWERS MUST END!’

QCCL President, Michael Cope, made a bracing stand for ‘common sense’ at last week’s Committee hearing on the Government’s Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022.

The new bill seeks to extend a number of the Chief Health Officer’s extraordinary powers for another year.

As Mr Cope points out, by the time the new Sunset date rolls round, Queenslanders will have been living under emergency laws for 4 years, which is simply not acceptable in a “free society”.

The new Bill is being sold as a more ‘streamlined’, ‘step-down’ approach to exiting the current state of emergency in Queensland.

Queensland’s Civil Liberties’ Council chief, however, was having none of it.

Mr Cope pointed out that with the availability of ‘safe and effective’ vaccines and anti-virals there was no longer ANY reason for these emergency powers to be retained past their current expiry date of 31 October 2022.

According to QCCL, the emergency situation used to justify the granting of these extraordinary powers of the CHO in the first place, no longer exists.

In a written submission on the Bill, the Council said it was concerned this “long-term intervention into the lives of Queenslanders to micromanage them”, was becoming a “norm changing arrangement”.

In a news blog earlier this year, QCCL referenced the raft of anti-terrorism laws Australian parliaments had passed in the wake of the 9/11 attacks in 2001.

Most of those laws had also contained sunset clauses and these had all been extended again and again, with the most recent extension passed by the Commonwealth Parliament on 24 August 2021.

So 20 years on, not only are these anti-terrorism laws still in place, they are now being routinely extended without scrutiny or debate.

As QCCL notes:

“It is because of examples like this that the Council is not prepared to accept the assurances of the government that the current emergency will come to an end when the powers are no longer necessary”.

I couldn’t agree more!

WATCH THE QLD GOVERNMENT TOLD “THESE POWERS MUST END, BEFORE THEY BECOME PERMANENT!!”

 

(Note the visuals on it start after a minute or two)