Move-on powers and practices of social exclusion: an examination of governance

ABSTRACT

This paper extends Valverde’s call to examine spatiotemporal governance and jurisdiction in the exercise of formal and informal control through an analysis of the everyday policing of public spaces in Victoria, Australia. Move-on powers were introduced via legislation in 2009, following calls for greater police powers to combat antisocial behaviour and violence, predominantly in the Melbourne CBD. While initially presented as a response to issues surrounding Melbourne’s nightlife, the use of these powers has expanded to include moving on rough sleepers and others. As we establish in this paper, such powers are also being exercised, with or without legal authority, by a broad range of actors, resulting in a flattening of the legal hierarchy of move-on powers. Our analysis also highlights the everydayness of being moved on for individuals and populations who are consistently targeted, bringing to the fore the often-hidden nature of practices of exclusion. We argue that the examination of policing practices in relation to move-on powers must also include the expansive and increasingly informal nature of policing public space, which we refer to, collectively, as move-on practices.

KEYWORDS:

• Move-on powers
• exclusion
• policing
• governance

Acknowledgements

The authors would like to thank Professor Leanne Weber and Dr. Claire Spivakovsky for their support and guidance throughout the project on which the paper is based. They would also like to thank the two reviewers for their valuable feedback which has made the paper stronger. The authors would also like to thank Julia Farrell for copy editing the paper.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 PSOs are armed and uniformed officers who have a specific policing role and function linked to designated places such as train stations. PSOs have been employed by Victoria Police since 2011.

2 Designated places are areas in which PSOs are granted powers to apprehend, arrest, search and fine people. Designated places were initially limited to places such as train stations and surrounding areas (such as carparks and bus stops next to train stations) (Victoria Legal Aid 2016). Notably, the definition of designated places was expanded in 2020 and now includes areas surrounding sporting venues, public entertainment venues, places of mass gathering, any large area in Victoria or any area declared a designated place by the Chief or Deputy Commissioners (Victoria Police Act 2013 (Vic) s 3A). This expansion was justified as necessary in response to COVID-19 lockdowns but has now been made permanent.

3 One penalty unit is currently set at $165.22 in Victoria (Sentencing Advisory Council 2019).

4 Zonal banning laws restrict liquor consumption within designated areas and grant police enhanced powers to exclude people from these zones. Initial short-term bans can apply for up to 72 hours, although longer bans (of up to 12 months) can be issued through the courts (Palmer and Warren 2014).

5 These powers are: exclusion powers in the Australian Capital Territory (Crimes Act 1900, pt 9 s 175); powers to give directions in New South Wales (NSW) (Law Enforcement (Powers and Responsibilities) Act 2002, pt 14 s 197); loitering laws in both the Northern Territory (Summary Offences Act 1923, s 47A) and South Australia (Summary Offences Act 1953, s 18); dispersal of persons in Tasmania (Police Offences Act 1935, s 15B); and move-on powers in Queensland (Police Powers and Responsibilities Act 2000, pt 5 s 48), Western Australia (Criminal Investigation Act 2006, s 27) and Victoria (Summary Offences Act 1966, s 6).

6 The only available data relates to recorded breaches including the issuing of penalty notices, summons and arrest. There is no available data on the everyday use of move-on directions by police or other actors.

7 Under the Summary Offences Act 1966 (Vic) s 9(f), it is an offence to (without a lawful excuse) neglect or refuse to leave a private place after being warned to do so by the owner or occupier.

8 Section 224 (1) of the Local Government Act 1989 (Vic) referred to by Adam states that:

A Council may appoint any person other than a Councillor to be an authorised officer for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council.

9 This is not to suggest that there has been no challenge to or attention on the issue. Indeed, some social movements have emerged in response to move-on powers and related practices (see, for example, Davey 2017a, 2017b).

Additional information

Funding

This work was supported by Monash University.