Police and Public Spaces

It is important to know your rights in relation to the police. The police have a range of powers at their disposal, as well as regulations and restrictions on what they can legally do. Below is a summary of some of their powers and your rights in relation to “move on orders”.

Public spaces

 In NSW, there are laws that give police the power to control the use of what is defined as “public space” through “move-on directions”.

The legal meaning of “public place” is quite broad and includes:

  • Places that are open to everyone without you needing a reason to be there – for example streets, parks, beaches, bike paths, skate parks.

  • Places where there is some entry restriction – for example licensed venues, entertainment venues, or railway platforms (where you need a paid ticket a train ticket).

  • Some places that are actually private property, but do not belong exclusively to one person – for example car parks or common areas belonging to blocks of flats.

The police must have a reason for giving you a move-on direction. They can’t just issue a move-on direction because they feel you are loitering (hanging around) or they don’t believe you have a good enough reason to be there.

What is a ‘reasonable’ order?

Section 197 of the Law Enforcement (Powers and Responsibilities) Act states that a police officer can give a “reasonable” move-on direction to a person in a public place if that police officer has reasonable grounds to believe that the person’s presence or conduct is:

  • Obstructing another person or persons or traffic.

  • Harassing or intimidating another person or persons.

  • Causing or likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness.

  • For the purpose of unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any illicit drug; for the purpose of obtaining, procuring or purchasing any illicit drug that it would be unlawful for the person to possess.

Police can’t use move-on directions if you are in a public space to join a legitimate demonstration, industrial dispute or what the law deems as organised assembly (for example a Christmas Parade). 

Failing to comply with a move-on direction could see you receive an on the spot fine of $2209. If the police believe you are being “very unreasonable”, they can arrest and charge you.. You could be issued with a fine, or even arrested, if you have failed comply with the order when:

  • The direction given by police is reasonable.

  • The police have given the required information and warnings.

  • You continue behaving in an inappropriate way.

  • You don’t have a reasonable excuse for not complying.

What the police need to tell you

It is important when you are given a move-on direction that:

  • They provide evidence that they are a police officer (unless they are in uniform).

  • They tell you their name, badge number and station they work from.

  • They tell you the reason for why they are giving you a move-on direction.

  • They warn you that you are required by law to comply. If you don’t comply, the police must give a warning that failure to comply is an offence.

Requests for Name and Address

The police have the right to demand your name and address under certain circumstances. These include:

  • If you are driving a car or motor bike or teaching a learner driver.

  • If you are involved in a car or bike accident as driver or a fatal accident as a passenger.

  • If you are under 18 and drinking alcohol in a public place.

  • If you are suspected of being involved in or witnessing a serious crime.

  • If you are using public transport.

  • If you are suspected of being a defendant in an Apprehended Violence Order.

NSW police officers also have the right to ask for your name and address if:

  • They do not already know these details.

  • They intend to give you a direction to leave a place (see move-on powers).

  • You are intoxicated in a public place.

Other questions

If the police have given you a warning, have identified themselves and the station they work from, then legally you must provide your name and address. The police can also ask you for ID, but you do not have to provide it.

Besides from giving the police your name and address, you do not need to say anything else. The officer must tell you that you don’t need to answer their questions, but that if you do say anything it can be used later as evidence (proof that you did something) in court.

Refusing or giving false information

It is illegal not to provide your name and address or to give false information. The maximum fine you can face is $220.

If you think the police don’t have a good reason to ask for your details, or to search you, it is a good idea to ask for their name, rank, and the station they work from. The police, by law, have to tell you this information.

If the police ask you to go to the station with them, you should ask if you’re under arrest. If you aren’t, you don’t have to go. It is important to understand that you can’t be forced or coerced to attend a police station to be interview unless you are under arrest.

If you are arrested the police need to inform you of your rights. Police have to tell you that you can call a friend, family member or a lawyer. If you choose to do this, they have to let you speak with that person in private before they interview you. If you are under 18, you have the right to have someone over 18 with you while you are being interviewed.

The NSW Council of Civil Liberties may be able to help you if you feel you have been unfairly targeted by police.