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Australia’s discretionary police-imposed banning powers: oversight, scrutiny and accountability

journal contribution
posted on 2021-01-01, 00:00 authored by Clare FarmerClare Farmer, Robyn CliffordRobyn Clifford, Peter MillerPeter Miller
Summary powers to exclude individuals from public areas form a key part of the policing of space and the control of undesirable behaviors. The rationale for police-imposed banning is framed around a presumed need to manage the risk of disorder, and assumes a combination of operational, deterrent and community safety effects.

In Australia, the reach of banning has expanded steadily but oversight is limited. Some jurisdictions mandate the publication of annual reports relating to the imposition of police bans, while others preclude any information sharing. This paper analyses the data that is available to assess what it reveals about the use and effects of banning, and examines the extent to which jurisdictions monitor their banning provisions.

Overall, the findings do not support a reasonable expectation of scrutiny and accountability of summary police powers to ban. Limited patterns of use can be discerned, but the effects of banning cannot be isolated. Despite the enthusiasm with which police banning powers have been implemented, there is little evidence of proactive monitoring of their use or effects. This study highlights a clear need for police banning across Australia to be subject to meaningful oversight and rigorous scrutiny.

History

Journal

Police Practice and Research: an international journal

Volume

22

Issue

1

Pagination

57 - 73

Publisher

Taylor & Francis

Location

London, Eng.

ISSN

1477-271X

eISSN

1477-271X

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

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