The Federal Court ruled on 23 January 2026 that Victoria Police’s “designated area” declaration for the Melbourne CBD was unlawful and invalid. The declaration had let police search people without a warrant.
Key Facts
- Ruling: 23 January 2026, Federal Court.
- Declaration: Made on 25 November 2025 under the Control of Weapons Act.
- Planned length: Six months, from 30 November 2025 to 29 May 2026.
- Ended early: Police ended it on 9 January 2026.
- Powers: Searches without a warrant or suspicion, and directions to remove face coverings.
Why the Court Said It Was Unlawful
The court found the police decision-maker used the wrong test. The law says a declaration must be “necessary”. The court said that means essential, not just reasonable. The court also found police did not properly consider the right to privacy under Victoria’s Charter of Human Rights.
Who Brought the Case
The case was brought by Tarneen Onus-Browne, Benny Zable and David Hack. They were represented by the Human Rights Law Centre.
The Mask Power
The court did not strike down the law that lets police ask people to remove face coverings. It found that law was a justified limit on political communication.
Frequently Asked Questions
What did the Federal Court decide?
That the Melbourne CBD designated area declaration was unlawful and invalid.
Is the declaration still active?
No. Police ended it on 9 January 2026.
Can police still declare designated areas?
Yes, but only when it is truly necessary, the court said.
Conclusion
The ruling limits how police can use designated areas in future.
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