Tuesday, 6 February 2024

Police conduct

Katherine COPSEY (Southern Metropolitan) (12:52): (397) My question is to the Attorney-General. In January, Attorney, legal observer teams monitored the policing of the pro-Palestine community picket at Webb Dock. I understand the observers’ report has been provided to your office. The legal observers reported several times that police did not comply with laws and policies governing use of force at public assemblies, including the use of OC pepper spray. When this spray was first introduced in 1995, politicians in this place assured the public that the chemical agent would not be used against persons offering passive resistance or deployed at demonstrations. Given the well-documented concerns of potentially unlawful use of OC spray by Victoria Police at protests, what guarantees can you provide that Victoria Police are adhering to the law, their manual directives and their charter obligations and that OC spray is not being used to simply force compliance at protests?

The PRESIDENT: Ms Copsey, I would imagine the Attorney-General will determine that that is a matter to be directed to the Minister for Police. Do you want to direct it to police now?

Katherine COPSEY: I will leave it to the Attorney.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:53): I thank Ms Copsey for her question. I would concur with the initial assessment that it is more appropriate for the Minister for Police, and I would probably encourage Ms Copsey to refer it to Minister Erdogan on behalf of Minister Carbines.

In relation to the report that you have referenced, I am not familiar with that. I am more than happy to go and check, but again the way you have characterised your question in relation to the provision of police equipment and the like, that is certainly not something that falls within my remit.

Katherine COPSEY (Southern Metropolitan) (12:54): I will direct my supplementary to the Attorney-General, thank you – if the appropriate minister wishes to take that up.

One of the recommendations from the legal observers’ report, which you will see when you read it, Attorney-General, is that the Victorian Equal Opportunity and Human Rights Commission investigate the operational decisions made during that protest as to the extent that they may have breached the charter and what measures may be applied to prevent recurrence. Would the government be open for the commission or another independent body to conduct a human rights audit of Victoria Police’s operational policing practices and guidelines, specifically including the use of force and how Victoria Police are interpreting their obligations under the charter?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:54): Ms Copsey, it is a common misconception that anything in relation to the human rights charter falls within the remit of the Attorney-General. That is not necessarily the case. For example, the equal opportunity commission has done reviews into Ambulance Victoria and provided advice to that organisation. I am not the Minister for Ambulance Services. Similarly, in this case the report or any work that VEOHRC have done for or on behalf of the police or indeed in relation to a complaint and the like do not fall within my ministerial responsibilities. That question you have directed to me – I am answering it, so it cannot be forwarded now – but maybe in future just check with me and we will make sure that you are directing your questions to the right minister.