Wednesday, 27 August 2025

Bills

Safer Protest with a Registration System and a Ban on Face Coverings Bill 2025

Statement of compatibility

David DAVIS (Southern Metropolitan) (09:58): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the Charter), I make this Statement of Compatibility with respect to the Safer Protest with a Registration System and a Ban on Face Coverings Bill 2025 (the Bill).

In my opinion, the Safer Protest with a Registration System and a Ban on Face Coverings Bill 2025, as introduced to the Legislative Council, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The Bill provides for the registration and authorisation of public protests, confers legal protection for participants in authorised protests, establishes a regime for prohibition and exclusion orders, prohibits the wearing of face coverings at protests (other than for religious purposes), and makes consequential amendments to the Summary Offences Act 1966.

In summary, the Bill:

a. Introduces a registration and authorisation scheme for public protests, enabling the Chief Commissioner of Police and the Supreme Court to approve, refuse, or impose conditions on protests;

b. Allows for prohibition orders to prevent organisers from conducting protests likely to cause serious disruption, endanger public safety, or require unreasonable police resources;

c. Establishes exclusion orders restricting individuals from entering specified public places for protest purposes where they have repeatedly been subject to “move on” directions;

d. Prohibits wearing face coverings at protests except for religious reasons, with police powers to direct removal of such coverings; and

e. Amends the Summary Offences Act 1966 to remove certain provisions relating to “move on” powers.

Human Rights Issues

The human rights protected by the Charter that are relevant to the Bill are:

- Freedom of expression (s 15);

- Peaceful assembly and freedom of association (s 16);

- Freedom of thought, conscience, religion and belief (s 14);

- Right to privacy and reputation (s 13);

- Freedom of movement (s 12);

- Right to liberty and security of person (s 21);

- Property rights (s 20).

Freedom of Expression (s 15)

The right to freedom of expression includes the freedom to seek, receive and impart information and ideas of all kinds, including through protest. The Bill regulates the manner in which protests may occur, including requirements for registration, possible court authorisation, and conditions on protests.

These provisions do not limit the ability to protest or what to protest. The registration system is optional, but it provides the appropriate protection and ability for police to manage traffic and public infrastructure in a safe way. The limits are aimed at legitimate objectives ensuring public safety, protecting the rights of others to use public spaces, and preventing serious disruption and are proportionate, with review mechanisms and judicial oversight.

The prohibition on face coverings at protests is narrowly targeted, applies only within the protest context, and contains an exemption for religious coverings, preserving freedom of religion.

Peaceful Assembly and Freedom of Association (s 16)

The right to peaceful assembly is directly engaged. The Bill imposes conditions in some circumstances for individuals that seek to intimidate others, prohibits participation through prohibition or exclusion orders.

These limits pursue the legitimate purpose of balancing the right to protest with community safety, order, and access to public spaces. They are proportionate, as the Bill includes procedural safeguards: the ability to seek court review of decisions, the requirement for notice and consultation before prohibition orders, and time limits on exclusion orders.

Freedom of Thought, Conscience, Religion and Belief (s 14)

By allowing face coverings for religious purposes, the Bill preserves the right to religious belief through attire. This ensures the provision is compatible with the Charter’s protections for religion and belief.

Right to Privacy and Reputation (s 13)

Registration requirements for protests involve the collection of organisers’ personal details, and exclusion orders may involve publication or sharing of identifying information. Such interferences with privacy are lawful, serve a clear public safety purpose, and are no more extensive than necessary to achieve that purpose.

Freedom of Movement (s 12)

Exclusion orders limit a person’s freedom of movement in specified public places for protest purposes. These limits are time-bound, subject to judicial oversight, and targeted at repeat disruptive conduct, ensuring proportionality.

Right to Liberty and Security (s 21)

The Bill creates offences for breaching exclusion orders or wearing prohibited face coverings, carrying penalties including imprisonment. This engages the right to liberty. Any deprivation of liberty will occur in accordance with law, following established judicial processes, and is proportionate to the legitimate aims of maintaining public order and safety.

Property Rights (s 20)

The Bill does not directly interfere with property rights, but conditions or prohibitions on protests could affect the use of public or private property for protest activities. Any such effect is lawful, proportionate, and in pursuit of the Bill’s objectives.

Conclusion

In my opinion, the Safer Protest with a Registration System and a Ban on Face Coverings Bill 2025 does not unreasonably limit any Charter rights. Where rights are limited, the limitations are reasonable, necessary, and demonstrably justified in a free and democratic society, in accordance with section 7(2) of the Charter.

Accordingly, I consider the Bill to be compatible with the Charter.

David Davis MP

Second reading

David DAVIS (Southern Metropolitan) (09:58): I move:

That the bill be now read a second time.

President, this bill is about drawing a clear line between the right to protest peacefully and the right of every Victorian to live free from intimidation, disruption, and violence.

Victoria has always been a place where people could stand up for their beliefs.

Peaceful protest is a cornerstone of our democracy.

But in recent years, that right has been abused.

It has been hijacked by those who want not just to be heard, but to cause chaos.

We have seen streets blocked, ambulances delayed, and thousands of police hours ripped out of our communities.

We have seen flares thrown, fires lit, property damaged, and police officers attacked.

Victoria has become the protest capital of Australia and Labor needs to stop being social commentators, get off the sidelines and back this bill.

Since October 2023, there have been more than 500 protests in Melbourne.

Making these protests safe has consumed over 22,000 full police shifts, shifts that should have been out fighting crime, patrolling our suburbs, protecting families.

And what has Labor done?

The Allan Labor Government promised almost 240 days ago to ban masks at protests.

They promised to act.

They have delivered nothing but spin and empty statements.

Today, the Liberals and Nationals are doing what Labor will not, taking action.

Taking action to restore public order to our state to let Victorians get on with their lives.

For over a decade, Labor has been soft on crime, soft on lawlessness, and soft on the activists who hold our city to ransom.

They have nothing but empty promises for Victorians; the Premier promised she would ban face coverings nearly 240 days ago and what have we seen?

Nothing – nothing but empty statements and spin, while our communities are left vulnerable.

In 2015, they tore up the strong move-on laws that we put in place.

They made it harder for police to act quickly when protests turned violent.

They sent a message to extremists ‘Victoria is open for disruption.’

And the result?

We’ve had chaos on our streets, violence at demonstrations, and police resources drained away from real crime.

We’ve seen violent extremist elements hiding behind masks using anonymity to throw punches, destroy property, and hide before police can identify them.

We’ve seen protests that have nothing to do with free speech and everything to do with forcing an opinion through intimidation.

President, this bill sends a positive message, in Victoria: free speech is protected, but violence and lawlessness will not be tolerated.

Our five-point plan: Safe, firm, but fair.

This bill delivers the Liberals’ and Nationals’ five-point plan to: introduce a protest registration system to ensure protests are safe and orderly; ban face coverings at protests without lawful excuse, ending the reign of anonymity for those who commit violence; re-establish move-on laws, restoring the police powers Labor ripped away; introduce exclusion orders for repeat offenders, removing serial troublemakers from our streets; safeguard free speech for lawful protesters, protecting those who do the right thing.

Under this bill, protest organisers must register their event with Victoria Police.

They must provide details of the purpose, time, location, route, and expected numbers.

Why?

So police can assess the risks.

So they can suggest changes to minimise disruption.

So they can ensure there are enough officers on hand to keep the peace.

If a protest is registered and conducted lawfully, participants will be protected from being charged with obstruction of a public place.

Other jurisdictions do this and it works, so why don’t we?

We’ve seen it work in New South Wales and we have seen it work across Australia, so why don’t we have the system?

We’ve seen too many protests where people hide behind masks, balaclavas, or other coverings.

Not for health reasons, not for faith reasons but to avoid being identified when they commit crimes.

This bill makes it clear you cannot wear a face covering at a protest unless you have a lawful excuse.

Religious coverings will be respected.

But if you’re hiding your face to hide your crimes, you will be ordered to remove it.

Our message is simple: if you are here to protest peacefully, you have nothing to hide.

This bill restores the strong move-on powers Labor scrapped in 2015.

Police will once again be able to direct someone to leave if they’re causing a reasonable apprehension of violence; they’ve committed an offence in a public place in the last 12 hours; they’re blocking lawful access to or from premises.

These powers prevent trouble before it starts.

They let police defuse dangerous situations before violence erupts.

Labor weakened these powers and Victorians have paid the price.

Some protesters make it their mission to cause chaos, day after day, week after week.

They ignore directions, return to the same spots, and disrupt again and again.

This bill gives courts the power to issue exclusion orders and ban repeat offenders from public places for up to 12 months.

It’s about protecting the public from serial offenders, not once, but for good.

When you attend a protest for the purpose of causing disruption, you will be banned.

Despite what Labor and these professional protestors might say, this bill strengthens free speech not weakens it.

It gives a clear, lawful pathway to protest.

Register your event, follow the rules, and you will be protected.

Police know what’s coming.

The public knows what to expect.

Nobody’s safety is compromised.

Free speech flourishes when protests are safe, orderly, and respected.

It dies when they descend into chaos and violence.

I know what Labor will say.

They’ll say this is ‘anti-protest’.

They’ll say it’s too strong or heavy-handed.

But Victorians know better.

They know the right to protest doesn’t mean the right to shut down a city, threaten police and put our communities at risk.

They know public safety matters.

They know this is about balance, and that is exactly what this bill is about, it is about balance.

And they know Labor has had every opportunity to fix this and have remained social commentators instead of getting off their hands and fixing this problem.

This bill offers Victorians a choice.

A future where protests are safe, lawful, and respectful.

Or a future where chaos and intimidation continue to rule our streets.

Labor has chosen chaos.

We choose order.

We choose a Victoria where families can enjoy the city without fear, where police can focus on fighting crime, and where the right to protest is preserved, but not abused.

This is a strong, fair, and necessary reform.

It is a plan for safer communities and a more respectful democracy.

I commend the bill to the house.

Lee TARLAMIS (South-Eastern Metropolitan) (10:06): I move:

That this bill be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.