You will need to consider s. 12 in assessing legislation, a policy or a program where it:

Residence and occupation

  • places conditions on the ability of a person to live within Victoria;
  • limits the ability of a person to choose where to live in Victoria (including their ability to move their residence);
  • requires people to fulfil certain requirements before they are able to leave and enter Victoria at will;
  • requires a person released on licence from detention to work in certain locations within Victoria.

Detention and restrictions on movement or activities

  • allows for an intervention order against a person;
  • proposes surveillance of individuals’ movements or otherwise enables a public authority to monitor or trace the movements of a person within Victoria;
  • enables the detention of a person;
  • restricts the free movement of persons lawfully detained, such as prisoners;
  • restricts the movement of persons who are subject to a lawful order restricting their movement or where they may live;
  • imposes bail conditions regarding where a person may go or not go, or requiring him or her to remain within Victoria or to surrender of his or her passport;
  • restricts movement or a person’s place of residence pursuant to an order of the Adult Parole Board or other lawful order, such as a family violence intervention order.

Regulation of public land, land use, land titles and entry onto land

  • establishes eligibility requirements for entering Crown land;
  • limits the ability of individuals to move through, remain in, or enter or depart from areas of public space;
  • authorises the making of orders excluding persons from licensed premises (such as a casino or racecourse);
  • seeks to amend the law of trespass, which limits the right of an individual to enter private property;
  • regulates planning controls that identify permitted residential locations;
  • deals with rights of way, easements, roads and road closures, public reservation of land and sale of public land (for example, land locking);

Emergency management and public order

  • limits or regulates public demonstrations;
  • regulates quarantine and agricultural practices (such as measures to contain the spread of infectious diseases in farming practices);
  • gives a minister or a public authority the power to direct people’s movement or to carry out some activity, for example, during a state of emergency or in the context of essential services.