Legal Advice

While we can provide you with basic legal advice outlining the laws of Victoria and what charges you may be facing if you choose to be arrested; we cannot provide detailed comprehensive legal advice via this webpage.

To get comprehensive legal advice. and to discuss complex questions, we recommend you speak with a lawyer in person.

We encourage you to attend a legal briefing, that is part of the Saturday night program at the campsite. In this briefing you can learn about your legal rights, have questions answered by lawyers, and learn about what typically has happened with similar peaceful actions.

Thousands of activists from all walks of life engage in acts of civil disobedience every day and the risks involved are generally things you need to be informed about, but not fearful of.

We are organizing a legal support team, comprised of experienced legal activists, lawyers, and members of the Community Legal Centres for the day of action.

ActivistRights.org is a good resource to find more information: Activist Rights.org Australia

We will provide legal briefings and trainings before the action, legal observers during the action, and help inform of you what you will need to do to obtain legal support after the action. For more information, please visit our the Action Guidelines page and don’t forget to come to one of the skillshare training sessions!

Activist legal rights: a short guide
taken from Activist Rights.org Australia

This is an abridged guide to your basic legal rights only. For more detailed information go to: Activist Legal Information

Our rights

Our rights to protest, demonstrate and take part in political activities are recognised by the International Declaration of Human Rights (1948) as well as International Covenant on Civil and Political Rights (1966) and other covenants.

In Australia, these international human rights are seldom enforceable in the face of the state. We do have these rights and we can assert them as citizens and activists, but we shouldn't expect them to be respected without question.

Being arrested

Police are not required to give you a warning prior to arresting you, but sometimes they will. Police must formally tell you they are arresting you. Usually, the police will also touch you on the arm or shoulder to arrest you. However, should you (the arrestee) submit to the authority of the arrester (the police), words alone can be sufficient for an arrest.

You should always ask the police officer; Am I under arrest? and What for?. Remember what they say. In most cases, it is necessary for police to inform you of the reason for the arrest.

Hindering or resisting arrest

It is an offence to actively resist or hinder a legal arrest (yours or another's).

It is not necessarily an offence to not co-operate, for instance by lying down, going limp or refusing to move, but police may then use reasonable force to pick you up, carry you and take you into custody. It is often in these circumstances that police could use threats, force, dragging, pressure-point holds, or other tactics to move you.

If an arrest proves to be unlawful, or if unreasonable or excessive force was used, civil actions against the police for assault or false imprisonment may be possible.

There is no power for police, or anyone else, to detain a person for questioning (except for the power contained in the Australian Security Intelligence Organisation Act 1979 (Cth) as amended by the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003 (Cth)).

Unless you are under arrest as above, you are not obliged to go anywhere with the police.

Name and address

Police have the right to ask for your name and address if they reasonably believe that you have committed, or are about to commit any offence, or you may be able to assist in the investigation of an indictable (serious) offence.

Refusing to give a name and address once under arrest is an offence and you can be charged. Police can arrest and detain you to verify your name and address, if they suspect that you are not telling the truth.

If you are arrested you can ask the Police Officer for their name, rank and station for use in court later. They are legally obliged to tell you.

Answering police questions

Apart from name and address, you have the right to refuse to answer any other questions.

You can say "no comment" or "on legal advice I have no comment to make". Practise this and be prepared to be repetitive.

There are no off the record conversations with police and many people are convicted on statements that they made to the police.

If you are 16 or under, police cannot question you without an independent person present. Aboriginal people can also contact the Victorian Aboriginal Legal Service.
Contacting legal advice and support

You have the right to make a private telephone call to a friend and a lawyer or legal support before the police question you. Ask for this if police do not offer.