Application by the Chief Commissioner of Victoria Police under section 21B of Part 3A of the Terrorism (Community Protection) Act 2003 [2025] VSC 832 (19 December 2025)

Victoria Police Legal Services Department, Counter Terrorism Legal Unit

1 This is an application brought on an urgent basis in the Practice Court by Deputy Commissioner Robert Hill, exercising the powers of the Chief Commissioner of Police for Victoria under the Terrorism (Community Protection) Act 2003 (Vic) (the Act).[1] The orders sought by Originating Motion are the authorisation, pursuant to s 21B of Part 3A of the Act, for the use of special police powers.

The Supreme Court may, by order, give an authorisation for the exercise of special powers conferred by this Part if satisfied on reasonable grounds that the granting of the authorisation is reasonably necessary to ensure the safety of any person or persons attending the event.

3 The Deputy Commissioner seeks authorisation for the exercise of special police powers in relation to the Pillars of Light Festival 2025 Chanukah celebration (the Event). In the early evening of 18 December 2025, I made orders authorising the use of special police powers. The following are my reasons for making those orders.

4 Chanukah (or Hanukkah) is also known as the Festival of Lights, and is an ancient Jewish festival commemorating the recovery of Jerusalem and subsequent re-dedication of the Second Temple following the Jewish Maccabean revolt against persecution in the 2nd Century BCE. It celebrates the miracle of a small cruse of oil that burned for 8 days, and is observed for eight days and eight nights with observances including lighting of the Menorah, a nine branched candelabrum, recitation of specific blessings and eating oil based food.[2]

5 The Pillars of Light Festival is being held at Federation Square, on the corner of Flinders Street and Swanston Street, Melbourne. It is to be held nightly from Sunday 14 December to Sunday 21 December 2025, with the exception of Saturday. Anticipated attendances were originally approximately 1,000 people per night. Reports referred to in the Deputy Commissioner's evidence were that attendances on Tuesday 16 December were approximately 250 people, and on Wednesday 17 December, approximately 400 people. The Event is to continue on the evenings of Thursday 18 December from 7:00pm to 9:30pm, Friday 19 December from 4:00pm to 6:30pm, and Sunday 21 December 2025 from 5:00pm to 8:00pm.[3] It is anticipated that Sunday 21 December 2025, the concluding night of the festival, may involve increased numbers in attendance at the Event. This is anticipated in part because people may attend in solidarity and in support of the victims and family members affected by the terrorist attack at Bondi Beach in New South Wales on the evening of Sunday 14 December 2025.[4]

6 The evidence of the Deputy Commissioner is that some hundreds of people have attended the Event already, and many more people are expected to attend the Event, particularly on the final night. Large numbers of people are expected to be within the area surrounding Federation Square. The authorisation for use of special police powers was sought from the time of making the orders up until 10:00pm on 21 December 2025.

7 One of the main purposes of the Act is 'to provide new powers and obligations relating to the prevention of, and the response to, terrorist acts'.[5]

8 The special powers referred to in s 21B of the Act are provided for in Division 3 of Part 3A. Section 21N of Division 3 of Part 3A of the Act provides that the special powers may be exercised 'for the purposes of an authorisation given under this Part', which includes an authorisation given pursuant to s 21B. The special powers are the following.

9 Disclosure of identity powers; search powers relating to persons and vehicles: Section 21O of the Act provides a special power for a police officer or protective services officer (from this point in this judgment referred to collectively as 'officer') to request a person whose identify is unknown to disclose their identity. Section 21P provides a special power to stop and search persons, and anything in the possession of or under the control of the person, without a warrant. Section 21Q provides a special power to stop and search a vehicle and anything in the vehicle, and to detain the vehicle as long as is necessary to search it. These powers are available if:

(a) the officer suspects on reasonable grounds that the person or vehicle is the target of an authorisation (or the person is found in the company of the target of the authorisation); or

(b) the person is in or on a vehicle that the officer suspects on reasonable grounds is the target of an authorisation; or

(c) the person or vehicle is in an area that is the target of an authorisation.

10 The power to move vehicles: Section 21R of the Act provides the special power to move vehicles or cause them be moved if it is parked or left standing in an area that is the target of an authorisation. The officer may enter a vehicle using, if necessary, reasonable force for the purpose of conveniently and expeditiously moving it, and move the vehicle or cause it to be moved to the nearest convenient place. That special power may be exercised if, in the opinion of the officer, the vehicle is:

(a) a danger to other vehicles or persons in that area; or

(b) causing or likely to cause traffic congestion in that area; or

(c) hindering the exercise of special powers under Division 3 in that area.

11 The power to enter and search premises: Section 21S of the Act provides the special power for officers to enter and search any premises if:

(a) the officer suspects on reasonable grounds that the person or vehicle that is the target of an authorisation may be on the premises (or the person is found in the company of the target of the authorisation);

(b) the premises are in an area that is the target of an authorisation.

12 Sections 21SA and 21SB confer further specific special powers with respect to premises and things within the target area of an authorisation. Section 21SC provides for applications to be made to the Minister for compensation for economic loss or damage to real or personal property arising from the exercise of these powers.

13 The power to install a police cordon: Section 21T of the Act provides the special power for officers to place a cordon around the target area or any part of it, for the purposes of stopping and searching persons, vehicles or premises as provided for by the special powers.

14 The power to seize and detain things: Section 21U of the Act provides the special power to seize and detain all or part of a thing, including a vehicle, that an officer suspects on reasonable grounds may be used, or may have been used, to commit a terrorist act or provide evidence of the commission of a serious indictable offence (whether or not related to a terrorist act).

The conditions for an application for the authorisation of special powers

15 The Chief Commissioner (or in this case the Deputy Commissioner, exercising the powers under s 21AB) must be satisfied of the following for an application under s 21B to be made:

(a) that an event is taking place in Victoria or is likely to take place in Victoria in the near future; and

(b) that the event involves, or is likely to involve, the attendance of prominent persons or of a large number of people; and

(c) on reasonable grounds that the event might be the subject of a terrorist act; and

(d) that the giving of an authorisation targeting -

(i) the area in which the event is taking place or is likely to take place; or

(ii) any other area in which an activity connected with the event is taking place or is likely to take place -

is necessary to assist in protecting any person or persons attending the event from a terrorist act.[6]

16 Section 4 of the Act defines a 'terrorist act', as follows:

4 What is a terrorist act?

(1) In this Act, terrorist act means an action or threat of action where -

(a) the action falls within subsection (2) and does not fall within subsection (3); and

(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and

(c) the action is done or the threat is made with the intention of -

(i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or

(ii) intimidating the public or a section of the public.

(2) Action falls within this subsection if it -

(a) causes serious harm that is physical harm to a person; or

(b) causes serious damage to property; or

(c) causes a person's death; or

(d) endangers a person's life, other than the life of the person taking the action; or

(e) creates a serious risk to the health or safety of the public or a section of the public; or

(f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to -

(i) an information system; or

(ii) a telecommunications system; or

(iii) a financial system; or

(iv) a system used for the delivery of essential government services by any entity (whether publicly or privately owned); or

(v) a system used for, or by, an essential public utility (whether publicly or privately owned); or

(vi) a system used for, or by, a transport system.

(3) Action falls within this subsection if it -

(a) is advocacy, protest, dissent or industrial action; and

(b) is not intended -

(i) to cause serious harm that is physical harm to a person; or

(iii) to endanger the life of a person, other than the person taking action; or

(iv) to create a serious risk to the health or safety of the public or a section of the public.

17 The Supreme Court may, by order, give an authorisation for the exercise of special powers if it is satisfied on reasonable grounds that the granting of the authorisation is reasonably necessary to ensure the safety of any person or persons attending the event.[7] The Court's authorisation must satisfy the formal requirements stipulated in s 21B(7).

18 The requirements of being satisfied on reasonable grounds, both with respect to the Commissioner's obligation to be satisfied, 'that the event might be the subject of a terrorist act' and the Court's obligation to be satisfied, 'that the granting of the authorisation is necessary to ensure the safety of any persons or persons attending the event' engage the standards discussed by the High Court in George v Rockett.[8] The High Court in that case discussed the issue of what constitutes reasonable grounds for suspicion and belief, for the purposes of the issue of a search warrant. The Court observed:

The objective circumstances sufficient to show a reason to believe something need to point more clearly to the subject matter of the belief [than in the case of suspicion], but that is not to say that the objective circumstances must establish on the balance of probabilities that the subject matter in fact occurred or exists: the assent of belief is given on more slender evidence than proof. Belief is an inclination of the mind towards assenting to, rather than rejecting, a proposition and the grounds which can reasonably induce that inclination of the mind may, depending on the circumstances, leave something to surmise or conjecture.[9]

19 In the context of the statutory requirements of this legislative scheme, I note that the requirement in s 21B(1)(c) of the Act is that the Commissioner is satisfied 'on reasonable grounds that the event might be the subject of a terrorist act' (emphasis added). The objective circumstances which must exist for the Commissioner to have reasonable grounds for the necessary state of satisfaction are to be understood by reference to the requirement that a terrorist act might occur at the event, and not that it is likely to occur or any other degree of probability.

The evidence as to the basis of the Deputy Commissioner's application

There is a relevant 'event' involving large numbers of people

20 The Deputy Commissioner's evidence satisfied the requirements of s 21B(1)(a) and (b) in that it establishes that an event is taking place in Victoria, being the Pillars of Light Festival being held at Federation Square.[10] It also establishes that hundreds of people has involved and is likely to continue to involve the attendance of hundreds of people,[11] which in my opinion constitutes a large number of people within the meaning of s 21B(1)(b).

Reasonable grounds for believing that the Even might be the subject of a terrorist act

21 The Deputy Commissioner swore an open affidavit and a confidential affidavit, both sworn on 18 December 2025. He deposed to his extensive experience in policing of over 47 years in the police force, and to his numerous academic and professional qualifications relevant to his role as Deputy Commissioner.[12]

22 The evidence of the Deputy Commissioner in his open affidavit addressed the grounds on which he was satisfied that the Event might be the subject of a terrorist act.[13] The Deputy Commissioner did not give evidence that there was specific intelligence as to a specific threat of a terrorist act at the Event, but identified the following matters as the basis on which he had reached the state of satisfaction.

23 First, the current national terrorism threat to Australia is rated as 'probable', meaning that there is credible intelligence, assessed by Australia's national security agency, that there is a greater than 50% chance of an onshore attack, or attack planning, in the next twelve months.[14]

24 Secondly, the Deputy Commissioner gave evidence that Victoria Police had reviewed information relating to the terrorist attack by two persons on people attending Chanukah celebrations at Bondi Beach in New South Wales on the evening of Sunday 14 December 2025. The affidavit referred to the information which was available about that attack, including that 16 people (including one of the perpetrators) had been killed and 40 people were injured. That information included that the perpetrators were believed to have pledged allegiance to the Islamic State terrorist group, and that the New South Wales Police Commissioner, Mal Lanyon APM, had declared the attack to be a terrorist event on the night of Sunday 14 December 2025. The surviving perpetrator has been charged with 59 criminal offences, including committing a terrorist act and 15 counts of murder.[15]

25 Thirdly, the Deputy Commissioner states that there have recently been two arson attacks which he described as anti-Semitic incidents in the Melbourne region:

(a) The arson attack on Adass Israel Synagogue in Ripponlea on Friday 6 December 2024, for which two offenders have been charged and are being prosecuted as a result of a Joint Counter Terrorism Team (Victoria) investigation. That attack was declared by the Prime Minister Anthony Albanese to have been an act of terrorism.[16]

(b) The arson attack on Lovitt Technologies in Greensborough on 5 July 2025 at which six unidentified masked offenders were filmed deliberately damaging three vehicles by arson and graffitiing the building with political messaging.[17]

26 The Deputy Commissioner expresses his opinion that '[h]igh profile events will almost certainly remain a target for both religiously and ideologically motivated extremists'.[18] I accept that he is qualified from his experience in policing to which he has deposed that he is qualified to express this opinion.

27 The Deputy Commissioner also deposed to further information which had been made available to him on a confidential basis about past investigations, and information gathered by Victoria Police, relevant to assessments of the risk of terrorist activity in Victoria in his confidential affidavit.

28 The Deputy Commissioner also made submissions about the risk of persons 'who aspire to being terrorists will be inspired by the Bondi tragedy'[19] and causing a risk to high profile, high traffic locations where crowds gather.[20]

29 A terrorist act as defined in s 4 of the Act involves actions done or threats made with intentions of advancing a political, religious or ideological cause, and relevantly, the intention of intimidating the public or a decision of the public. It must also cause serious effects such as death or physical harm to a person, serious damage to property, or risks to public health or safety or to electronic systems and transport systems.[21] A terrorist act does not include advocacy, protest, dissent or industrial action which is not intended to cause serious physical harm to a person, death, danger to life or a serious risk to health and safety.[22]

30 The evidence of the Deputy Commissioner establishes that the type of acts which he has considered as potential terrorist acts do fall within the definition of 'terrorist act' in the Act, and go beyond advocacy, protest or dissent.

31 I am satisfied that the information identified by the Deputy Commissioner in his affidavit constitutes reasonable grounds for his state of satisfaction that the Event might be the subject of a terrorist act.

Why the authorisation is necessary to assist in protecting any person or persons attending the Event from a terrorist act

32 Section 21B(1)(d) requires that the Chief Commissioner (or Deputy Commissioner exercising the Chief Commissioner's powers) be satisfied that the giving of an authorisation targeting the area in which an event is taking place (or other area in which activity connected to an event is taking place) is 'necessary to assist in protecting any person or persons attending the event from a terrorist act. Section 21B(3) requires that the application explain why the giving of such an authorisation is necessary to assist in protecting any person or persons attending the event from a terrorist act.

33 The Deputy Commissioner gave evidence as to his consideration of which of the special police powers are reasonably necessary to ensure the safety of persons at the Event. He seeks authorisation for the power to obtain disclosure of identity under s 21O of the Act; the power to search persons under s 21P of the Act; the power to search vehicles under s 21Q of the Act; the power to move vehicles under s 21R of the Act; the power to place a cordon around the target area under s 21T of the Act, the power to seize and detain things under s 21U of the Act.

34 The Deputy Commissioner did not seek the special police powers to enter and search premises in ss 21S and 21SA nor the powers in s 21SB with respect to 'things' within the area that is the target of the authorisation.

35 The Deputy Commissioner's evidence explained that:[23]

(a) The power to obtain disclosure of identity in s 21O would enable police to ascertain whether a person in the target area is on a 'persons of interest' list, and to ascertain whether they pose a risk to the safety of the event. He said that:

If a person has not committed an offence, but Victoria Police has an indication based on intelligence or observations that ascertaining a person's identify would assist in maintaining the safety of persons attending the event, Victoria Police would utilise this power. Once a person is identified, Victoria Police will either exclude the person from their enquiries, or if the person remains a person of interest, it may trigger the consideration of the use of another power such as a search of their belongings or vehicle.[24]

(b) The search power in s 21P would be exercised only on the basis of intelligence or observation, linked to the purpose of the authorisation (namely the risk of a terrorist act), and would usually be preceded by a request for the person's identity. The Deputy Commissioner acknowledged that the area proposed as the target area in and around Federation Square falls within an area designated under s 10D(1) of the Control of Weapons Act 1990 (Vic). Although that has the consequence that certain additional powers with respect to the ability to search for weapons will already exist in the target area, not all items which may be used for the purposes of a terrorist act will be classified as a weapon for the purposes of the Control of Weapons Act. The Deputy Commissioner's evidence was that the search power would only authorise a pat down or wand search,[25] which will be performed only by staff who have been briefed as to the extent of the search permitted. People under the age of 18 will only be searched where necessary and where possible in accordance with requirements under the Victoria Police Manual for searching young people.

(c) The power to search vehicles in s 21Q would be used if a vehicle enters the target area and police need to search it to ascertain whether it poses a risk to the safety of the event. It may also be used to search vehicles in car parks, based on any intelligence or observations which cause police to have safety concerns.

(d) The power to move vehicles would be used to move vehicles impeding the safety of the event, including movement of other vehicles, or to move a vehicle from the target area if it is suspected to pose a risk to the safety of the Event, or to allow police to conduct searches if searching the vehicle could not reasonably occur on the spot.

(e) The cordon power in s 21T will be used to establish police cordons for the purposes of stopping and searching persons and vehicles in the target area if needed.

(f) The power to seize and detain things in s 21U would ordinarily be used after a search if something is located which may pose a safety threat. The necessity for the power to seize and detain things is because items which may be identified on a person or in a vehicle may potentially be used in a terrorist act, such as a powder or a liquid. Police will not be in a position from merely observing the item whether there are reasonable grounds to believe it is a weapon or explosive.

36 The Deputy Commissioner submitted that the powers for which he seeks authorisation are not overly broad or intrusive, in particular when balanced against the risks to life that arise if a terrorist attach does occur, and are necessary to ensure the safety of persons at the Event.[26] I accept that this is the case, as the Deputy Commissioner has considered which of the range of special police powers are necessary and has not simply sought authorisation for all of the powers. His evidence demonstrates that he has considered why the individual special powers are necessary to ensure safety.

37 I also note that the special powers all have internal conditions which must be satisfied before their exercise. That is, they are conditioned on the officer who intends to exercise the power forming a belief on reasonable grounds as to the basis on which the power should be exercised. For example, the power to search a person in s 21P arises only if the person is the target of an authorisation or is found in the company of the target of the authorisation.

38 The justification for the special police powers, which do confer extraordinary powers capable of enabling significant intrusion on the rights ordinarily enjoyed by people in public places, is the risk of a terrorist act at an event. It is the extraordinary potential impact of such an act and the objective of protecting the safety of persons at an event that justifies the authorisation of these powers. It is not a broader public order objective of controlling demonstrations, or protests at events or in public spaces. I am satisfied that authorising the use of the special powers will not have the effect of preventing lawful protest activity. Having regard to the Deputy Commissioner's evidence, I am satisfied that the special powers he has identified are necessary to ensure the safety of any person or persons attending the Event.

39 The Deputy Commissioner gave evidence of his awareness that officers must only exercise the special powers for the purposes of an authorisation (s 21N) and may only use such force as is reasonably necessary (s 21V), and that:

These officers will be subject to briefings that explain the purpose, duration and extent of the powers ... if the Court is prepared to grant the application sought.

40 I raised that evidence specifically with senior counsel for the Deputy Commissioner who informed the Court that these briefings would occur prior to deployment of police in the target area. It is important that officers understand the limitations and conditions on the use of the special police powers and reiterate my observations made during the hearing that it is essential that officers who are deployed to the Event be briefed on the special police powers and the circumstances in which they can be used.

41 The area for authorisation is a confined area around Federation Square, bounded by the sides of Swanston Street and Flinders Street across from the square, down to Federation Wharf and across to the access road behind the Ian Potter Centre of the National Gallery of Victoria. The Deputy Commissioner exhibited to his affidavit a map that clearly outlines the boundary of the target area.[27] He gave evidence that this was the area in which crowds of people would be expected to gather for the Event.[28]

The Charter of Human Rights and Responsibilities Act 2006 (Vic)

42 Section 38 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) provides, relevantly, that:

(1) Subject to this section, it is unlawful for a public authority to act in a way that is incompatible with a human right, or in making a decision, to fail to give proper consideration to a relevant human right.

(2) Subsection (1) does not apply if, as a result of a statutory provision or a provision made by or under an Act of the Commonwealth or otherwise under law, the public authority could not reasonably have acted differently or made a different decision.

Example

Where the public authority is acting to give effect to a statutory provision that is incompatible with a human right.

43 The Deputy Commissioner is a public authority for the purposes of the Charter.[29] He gave evidence that he had considered the rights protected by the Charter[30] and considered that it was appropriate to make the application. He exhibited to his affidavit a document prepared by the Victoria Police Legal Services Department in relation to the human rights potentially impacted by the application.[31] That document demonstrates that the Deputy Commissioner was provided with information identifying how the special police powers for which authorisation was sought may limit rights in the Charter. The rights identified were the right to recognition and equality before the law in s 8, the right to freedom of movement in s 12, the right to privacy and reputation in s 13, the right to freedom of association in s 16, and the right of children to protection of their best interests in s 17(2) (in the event that any powers such as a search would need to be exercised in relation to children). The document explained the objectives of being provided with each of the special police powers, and a brief explanation how their exercise may limit rights.

44 The Deputy Commissioner submitted that he had given adequate consideration to rights under the Charter in determining that it was it appropriate to make this application. I agree. I am satisfied, having regard to the briefing document exhibited to the Deputy Commissioner's affidavit, and his evidence that he considered the Charter rights, that he has given the proper consideration required by s 38(1) of the Charter to the human rights relevant to the application for authorisation of special police powers. I am also satisfied that the Deputy Commissioner considered the potential impact on rights if those special powers are exercised.

45 It is also relevant for public authorities to consider the human rights of persons that may be affected if the orders are not granted. As observed by Ginnane J in In the matter of an application by the Chief Commissioner of Victoria Police under s 21B of Part 3A of the Terrorism (Community Protection) Act 2003,[32] the right to life in s 9 of the Charter is a right which may be 'substantially limited or extinguished by a terrorist attack', and if not given full protection, 'all the other rights in the Charter are illusory'.[33] Justice Ginnane's observation was referred to in the briefing exhibited to the Deputy Commissioner's affidavit and I am satisfied too that the Deputy Commissioner considered this right when making the decision to apply for the present authorisation.

Determination - it is appropriate to grant the authorisation sought

46 For the Court to make the orders sought under s 21B(6) it is required to be satisfied that there are reasonable grounds that the authorisation is reasonably necessary to ensure the safety of any person attending the Event or any other area in which an activity connected with the Event is taking place or is likely to take place.

47 For the reasons set out above, I am satisfied from the Deputy Commissioner's evidence that he is satisfied of all of the matters of which he must, pursuant to s 21B(1), be satisfied to make an application for an order authorising the exercise of special police powers. This includes that the Deputy Commissioner has reasonable grounds to be satisfied that the Event might be the subject of a terrorist act.

48 I am also satisfied that the formal requirements of the application as set out in s 21B of the Act have been met. The application has been made with the written approval of the Premier, as required by s 21B(2) of the Act. That written approval is exhibited to the Deputy Commissioner's Affidavit.[34]

49 The application has been made in writing[35] and the information within the application has been identified in an affidavit sworn by the Deputy Commissioner.[36] The application describes the Event in respect of which the application is being made.[37] The application sets out the facts and other grounds on which the Deputy Commissioner considers that there are reasonable grounds for suspecting that the Event might be the subject of a terrorist act.[38] The application explains why the giving of an authorisation targeting the area in which the Event is taking place or is likely to take place is necessary to assist in protecting any person or persons attending the event from a terrorist act.[39] The application specifies the special powers under Division 3 that, in the opinion of the Deputy Commissioner, are reasonably necessary to ensure the safety of any person or persons attending the Event, [40] and describes the area sought to be made the target of an authorisation.[41].

50 For these reasons, at the conclusion of the hearing on 18 December 2025, I made the orders which are attached to these reasons for decision.

[1] The Terrorism (Community Protection) Act 2003 (Vic), s 21AB provides that a Deputy Commissioner may exercise the powers and perform the functions of the Chief Commissioner under this Part as if the Deputy Commissioner were the Chief Commissioner.

[2] Open Affidavit of Deputy Commissioner Robert Hill APM sworn 18 December 2025, [10]-[11].

[3] Open Affidavit of Deputy Commissioner, [13].

[4] Open Affidavit of Deputy Commissioner, [24](h). See also, as to the events in Bondi Beach and the declaration by the New South Wales Police Commissioner that it was a terrorist event, [17](a)-(i).

[5] Terrorism (Community Protection) Act, s 1(a).

[6] Terrorism (Community Protection) Act, s 21B(1)(a)-(d).

[7] Terrorism (Community Protection) Act 2003 (Vic), s 21B(6).

[8] [1990] HCA 26; (1990) 170 CLR 104.

[9] George v Rockett, 116 (emphasis added).

[10] Open Affidavit of Deputy Commissioner, [13].

[11] Open Affidavit of Deputy Commissioner, [13(a)(i)].

[12] Open Affidavit of Deputy Commissioner, [1]-[9].

[13] Open Affidavit of Deputy Commissioner, [14]-[21].

[14] Open Affidavit of Deputy Commissioner, [15]-[16].

[15] Open Affidavit of Deputy Commissioner, [17].

[16] Open Affidavit of Deputy Commissioner, [21].

[17] Open Affidavit of Deputy Commissioner, [21].

[18] Open Affidavit of Deputy Commissioner, [18].

[19] Submissions on behalf of the plaintiff dated 18 December 2025, [31](e).

[20] Open Affidavit of Deputy Commissioner, [24(e)].

[21] Terrorism (Community Protection) Act, s 4(2).

[22] Terrorism (Community Protection) Act, s 4(3).

[23] See generally Open Affidavit of Deputy Commissioner, [25].

[24] Open Affidavit of Deputy Commissioner, [25(a)].

[25] Section 21P provides that Schedule 1 of the Act provides for the carrying out of ordinary searches, frisk searches and strip searches. A strip search may not be carried out unless the person is specifically suspected as being the target of an authorisation.

[27] Open Affidavit of Deputy Commissioner, Exhibit RH-1, p 38.

[28] Open Affidavit of Deputy Commissioner, [27].

[29] Charter, s 4(1)(d) provides that Victoria Police is a public authority for the purposes of the Charter. Individual police are public authorities for this purpose.

[30] Open Affidavit of Deputy Commissioner, [30].

[31] Open Affidavit of Deputy Commissioner, Exhibit RH-1, pp 49-55.

[32] [2024] VSC 815.

[33] [2024] VSC 815, [19].

[34] Open Affidavit of Deputy Commissioner, Exhibit RH-1, p 48.

[35] Terrorism (Community Protection) Act, s 21B(3)(a).

[36] Terrorism (Community Protection) Act, s 21B(4).

[37] Terrorism (Community Protection) Act, s 21B(3)(b).

[38] Terrorism (Community Protection) Act, s 21B(3)(c).

[39] Terrorism (Community Protection) Act, s 21B(3)(d).

[40] Terrorism (Community Protection) Act, s 21B(3)(e).

[41] Terrorism (Community Protection) Act, s 21B(3)(f).