Are you wondering what are move-on orders? In this article, we explain exactly that.
The laws related to move-on orders in NSW are extensive. Namely, the NSW Law Enforcement (Powers and Responsibilities) Act (LEPRA) governs this area.
Click to read our factsheet on Move-On Orders.
What is a move-on order?
A police officer may give you a move-on order. This means that they are ordering you to go in a certain direction.
For example, such as ordering you away from another area. For example, if someone is blocking the entrance to a shop. Furthermore, if a group of people are fighting in public, officers can order you to move on.
When can police give you move-on orders?
In NSW, police can only give you a move-on order if an officer believes on reasonable grounds that someone is:
- Obstructing traffic,
- Blocking another person or
- Is harassing or intimidating another person or group.
However, failure to comply with a move-on order can lead to an arrest.
When an officer gives you a move-on order, they must comply with a few rules. According to the law, the police must tell the person/group the reason why they are giving the order.
What do move-on orders entail?
Specifically, the order might require the person to:
- Leave that place and not return. This must be within a stated reasonable time.
- Leave a certain part of that place and not return within a stated reasonable time.
- Or move from that location, or close to that place, for a stated reasonable distance. This might entail telling them to go in a stated direction, and not return for a stated reasonable time.
Suing for wrongful move-on order
The police must conduct themselves accordingly with the LEPRA legislation. However, if they don't, they may have acted unlawfully.
If you think the police have acted unlawfully, contact a lawyer. Above all, the unlawful actions of police may give rise to a civil claim against police for assault, battery, false imprisonment or malicious prosecution.
