What can Security Guards Do?

If they have proof that you did a crime, they CAN:

• arrest you (make a citizen's arrest)
• hold you until the Gunjies turn up
• use reasonable force to arrest and hold you.

Security on private property can tell you to leave for any reason at all. They can ban you for as long as they like. (Most shops, fast food places and cinemas are private property.)

If you don't leave, or if you go back onto the private property they can:

• use reasonable force to remove you
• arrest you and you hold you until the Gunjies turn up
• demand your ID
• ask the Gunjies to charge you with trespass.

Security Guards CANNOT:

• search your things without your permission, even if it is a "condition of entry"
• use more force than necessary to remove you, arrest you or hold you arrest you on suspicion alone (only the Gunjies can arrest you on suspicion)
• hold you if they do not arrest you
• ban you or ask you to leave spaces they do not control, e.g. streets and footpaths
• force you to sign anything
• force you to be photographed
• tell you to leave or treat you worse than other people just because you are young or because you are Aboriginal.

Generally speaking, young people can relax with their friends and enjoy themselves in public areas, so long as they don't harm other people.

There are some exceptions to this general rule - police often ask young people to "move on", and may threaten them with arrest for trespass (if on private property), obstruction (of a footpath or roadway), or offensive language.

Be careful before swearing at police. They may arrest you for offensive language.

Police may now give a "reasonable direction" to prevent obstruction, harassment or intimidation. So if you are blocking a footpath or scaring an old person, police may ask you to move on.

What you have the right to know

• why police are giving you a direction or making a request
• what the direction or request means you have to do, or not do.

If police make a direction or request, you can simply agree to it, and avoid more hassles.

Remember that it is an offence not to obey a lawful police direction.

If you have been treated unfairly in a public place you should speak to a lawyer at:

Wirringa Baiya Aboriginal Women's Legal Centre

1800-686-587

(02)-9569-3847

Legal Aid Hotline for Under 18's

1800-101-810

Aboriginal Legal Service

02-9318-2122

Disclaimer: The information contained on this Fact Sheet is only meant as a guide and cannot replace legal advice. If you have a legal problem you should speak to a lawyer for some legal advice. Wirringa Baiya Aboriginal Women's Legal Centre excludes liability for any loss suffered by any person which results from the use or reliance upon the information contained on this Fact Sheet.