Police powers and home visits

This page contains general information and does not constitute legal advice.

Talking to police

You are not required to speak to police or answer their questions. You only have to give your name and address if you’re under arrest, being given a move-along direction, or police suspect on reasonable grounds you can assist investigating a serious offence (punishable by more than 2 years’ imprisonment — e.g. assault, stealing, fraud).

Be careful even if an officer approaches casually and ‘just wants to chat.’ You can say: ‘No comment, please speak to the police liaison for information.’ It’s a good idea to record interactions (filming, voice memo, or notes) in case things escalate or you need to refer back to it later.

Failing to identify yourself when lawfully asked can carry a fine of up to $220.

Move-along directions

Police can only issue a move-along direction (‘move-on order’) if they reasonably believe it’s necessary to deal with a serious safety risk, or the group is obstructing traffic. When giving one, police must provide their name and station, state the reason, and warn that non-compliance is an offence. A direction given to a group doesn’t need to be repeated to every individual — but that doesn’t mean everyone actually received it. Not complying without reasonable excuse can carry a fine of up to $220.

Anti-protest laws (obstruction offences)

Protestors may face up to $22,000 and/or 2 years’ imprisonment for disrupting or obstructing major roads, ports, and other infrastructure — including obstructing port entrances if it seriously disrupts operations. In practice, penalties actually imposed for this offence so far have been a good behaviour bond.

If police visit your home

Physical and digital security, before any visit

• Don’t keep items at home, in shared organising spaces, or in your car that could link you to an action — planning notes, diaries, action-related items, or distinctive clothing worn at the action or during scouting.
• Phone: set messages to auto-delete, use a PIN (not Face ID — turn it off), log out of accounts when not in use, delete documents from your phone’s file app, enable Lockdown Mode on Apple devices.
• Laptop: move sensitive files to encrypted storage then delete the local copies, run BleachBit at the end of a session, use a password, log out of accounts when not in use.

When the police knock

• Don’t invite them in — speak at the front door, yard, or gate.
• Ask for their names, badge numbers, ranks, and station.
• Ask why they’re visiting.
• Ask if they have a warrant — if so, check the date and exactly what it authorises.
• You don’t have to answer questions, but must give your name and address if police reasonably suspect you can assist a serious offence investigation.
• Don’t lie or give false information — it can get you in trouble. If you don’t want to answer, say ‘no comment.’
• Recording: ask if they’re recording (they may activate a body-worn camera); you can also record on your own phone. After they leave, write down everything you remember — date, time, officer details, what was said.
• You don’t have to say anything about someone else who lives at the address, including confirming whether they live there.
• You can ask police to leave if they don’t have a warrant — politely and calmly: ‘I am sorry but I don’t think I can assist you any further. Can I please ask you to leave my property.’
• Report the visit to Legal Observers NSW and any legal advisors you have.

Related resources: Street protests and the law · Preparing for possible arrest · Post-arrest support and bustcards