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Police airport powers must incorporate individual rights recommendations
Australian airports will be safer, and the rights of individuals better protected, if parliamentary recommendations are applied to the Crime Legislation (Police Powers at Airports) Bill, says the Law Council of Australia.
Jerome Doraisamy
The Police Powers at Airports Bill intends to introduce new powers for police constables and protective services officers working at major airports throughout Australia, including the ability to issue move-on directions in order to safeguard aviation security.
It also expands the existing power that constables have to “direct a person to produce evidence of their identity in specified circumstances”.
LCA has welcomed recommendations to the bill from the Parliamentary Joint Committee on Intelligence and Security this week, noting that the proposed recommendations – clearly defined how and under what circumstances the expanded police powers at airports could be applied – were in line with the amendments suggested by LCA at improving safeguards for the community and ensuring police powers are not misused.
“These recommendations would temper potential misuse of police powers and enhance transparency and accountability. They would also allow for expedited judicial review of move-on directions, and ensure the right to peaceful assembly and protest,” said LCA president Arthur Moses.
“Under the recommendations, police would be required to record the number of occasions on which an identity information direction is issued, and this would have to be made publicly available on an annual basis. This would also apply to move-on directions.”
“The powers police can exercise at airports must always be balanced with the rights of ordinary citizens to travel freely. The use of police discretion will be key and must be scrutinised.”
LCA called on the Australian Parliament to “promptly adopt these recommendations”.
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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