Submission to Scrutiny of Acts and Regulations Committee - Summary Offences and Sentencing Amendment Bill 2013 - Jan 2014

A Bill introduced into Victorian Parliament on 10 December 2013 proposes to introduce laws which increase the scope and breadth of police move-on powers and create new exclusion orders, which can be used in ways that could impact upon rights enshrined in the Charter of Human Rights and Responsibilities Act 2006 (Charter) such as the rights to freedom of assembly, freedom of movement, privacy and freedom of expression.

The Commission has submitted to the Scrutiny of Acts and Regulations Committee that it is concerned about a number of potential human rights implications of the proposed new laws. The Commission recognises the important policy aims of public safety, allowing people to come and go from premises, and allowing business to operate and notes that laws need to be tailored for their purpose.
The Commission submits that in considering the Bill and its implementation, there should be a strong focus on the limitation on rights being the least restrictive option available to meet the public policy aim.

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