Melbourne is using pop-up police spy stations to find people breaking COVID rules – what does the law say?

Melbourne is using pop-up police spy stations to find people breaking COVID rules – what does the law say?

AIPM Global Professor Rick Sarre | Policing Insight

Melbourne is using pop-up police spy stations to find people breaking COVID rules – what does the law say?

AIPM Global Professor Rick Sarre | Policing Insight

"Mobile CCTV surveillance has recently appeared in public spaces in Melbourne, as part of a joint initiative between councils, Victoria Police and the Commonwealth Government to target those breaking lockdown rules; AIPM Global Professor Rick Sarre asks whether such moves are legal, effective and acceptable.

CCTV cameras mounted on vans have recently been seen in public parks around Melbourne, ostensibly to nab anyone breaking lockdown rules. They are part of a joint initiative between several Melbourne councils, Victoria Police and the Commonwealth Government.

Coming on the back of Victorian police arresting and charging a number of people for inciting others to break bans on public gatherings by protesting in the streets, there is likely to be widespread resentment to the presence of these mobile surveillance units.

Many people are already claiming the Victorian government has once again over-stepped the mark in its aggressive approach to suppressing COVID-19.

These mobile units are not new, though. They were introduced in 2018 to help combat crime. They are not cheap, either. The cost to purchase and operate four of the units has been estimated at $3.6 million.

But what are the laws around public surveillance of people going about their daily business or recreational activities outdoors?

Let me tackle this question by posing four related questions:

Are the cameras legal?

Are such surveillance tools effective?

Are these measures acceptable in a vibrant democracy?

What protections should be put in place?

Are the cameras legal?

It needs to be stated at the outset the Constitution does not include any specific rights related to privacy. And the High Court suggested two decades ago that privacy was unlikely to be protected under common law."

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Melbourne is using pop-up police spy stations to find people breaking COVID rules – what does the law say? Rick Sarre, Policing Insight, 2020

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