Ep 5: Your Right to Protest, and Drink & Drug Driving in Victoria

We often hear that Australians have a “right to peaceful protest”. This isn’t enshrined in Victorian or Commonwealth legislation. We don’t have a Bill of Rights in Australia. So where does our right to protest actually come from?

Last week a group of protesters amassed at the intersection of Flinders and Swanston Streets to highlight the forced closure of Aboriginal communities in Western Australia.

Police have always had a Common Law power to move people on, if they think there’s a likely Breach of the Peace. Recent legislative changes made it an offence to fail to comply with a “move on” direction, despite our right to protest, but the Andrews Government says it will repeal this law and described it as “draconian”.

Police at a car accident

Police routinely test drivers for drug and alcohol impairment at car accidents. (This photo & featured image: David M-C.)

Also last week, a truck driver allegedly returned a positive drug test after a car accident on the Hume Freeway. If you’re driving a motor vehicle in Victoria, can police simply stop you and request that you complete a drug test, or can this only happen if you’re involved in an accident? How is this drug test actually conducted?

As the driver of a motor vehicle, if you return a positive drug test, could you then face *criminal* prosecution for Using a Drug of Dependence?

David and yours truly, as always, with Brett (the voice of reason) on this week’s Prima Facie:

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