Unreasonable Grounds: Reforming Victoria Police’s stop and search powers

The authority of Victoria Police to stop and search individuals is a significant exercise of state power. Historically, this power has been constrained by the requirement that officers obtain a warrant or establish "reasonable grounds" before conducting a search. However, over time, these safeguards have gradually been undermined, with an increasing number of legislative provisions allowing for searches without the necessity of a stated reason. 

This report critically examines the practice of "no reason searches"—those where Victoria Police are not required to justify or provide grounds for stopping and searching an individual. This report addresses three specific mechanisms through which these powers are exercised: designated search area powers, consent searches, and firearm prohibition orders. 

Victoria must prioritise comprehensive reform, rather than further expanding the powers of police to stop and search individuals without reasonable grounds. 

The power to conduct such searches constitutes a profound infringement on personal privacy and civil liberties. Given the invasive nature of these powers, they must be subject to stringent oversight and clearly defined criteria to ensure they are used appropriately.  

Additionally, the report raises serious concerns about the proposed expansion of designated search powers in Victoria.  

This report underscores the urgency of reforming these powers, particularly in light of the challenges in accessing data and the lack of transparency surrounding their use. During the research process, we encountered significant difficulties in obtaining data on Victoria Police’s stop and search practices, reflecting a concerning lack of accountability and transparency. There is an urgent need for greater public access to data on stop and search activities, particularly those conducted without a warrant or reasonable grounds. Without such transparency, it is impossible to fully assess the impact of these powers on civil liberties and to ensure that they are being used appropriately 

This report was written by the Rights Advocacy Project’s 2022 criminal justice team: Britney Aguirre, Denham Sadler, and Joey Cook.