23 May 2008

What is a civil liberty?

Infringements on civil liberties...
In Australia we have a unique problem of not being able to identify what rights we as a populate actually have. We lay claim to 'freedoms' however there are few mentions in law or constitution that rights are outlined. Consequently there are ample opportunities for freedoms to be deprived by any legal mechanism at all, be it federal or state legislation, or local council edict.

Here's the latest sign I saw outlining what we are not allowed to do whilst minding our lawful occasions.

Where is the celebrated Ned Kelly individualism that Australia supposedly celebrates. No where to be found. I don't defend criminal behaviour. For the most part graffiti is not art, it's bollocks. However we are not the individualistic, freedom loving country we'd like to be considered. Until, perhaps, we head overseas.

In fact the majority of people who pass this sign at Melbourne's Southern Cross railway station will simply accept that, yet again, they can't do something that for the most part they won't need to actually do. However, get in a car accident and catch a train to grab a can of touch up paint, or need to get a pressure pack to colour that model car, how are you going to get home - without being fined. Who's allowed to check your bag on a train, or at a railway station anyway??? Doesn't that need a search warrant or something? No, as it turns out suspicion of carrying something for purposes of creating graffiti is one of the reasons the Police can search you without a warrant in Victoria.

For more useful information about your rights and search:
http://www.legalaid.vic.gov.au/xfw/1881.htm
http://www.libertyvictoria.org.au/Home
http://www.liv.asn.au/

How about the right to silence as discussed in this article from the Age newspaper? We'll look at rights in the state of Victoria as compared with other states in an upcoming post.

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