More languages...
| (03) 9269 0120Melbourne | 1800 677 402Rural areas |  Locate us |
Public order offences
This section deals with offences that you can be charged with for behaviour in a public place that affects or is likely have an affect on other people in a way that could harm, endanger, embarrass or offend, disrupt or annoy other people.
What are public order offences?
Laws about behaviour in public are mostly concerned with keeping order or keeping the peace. These laws relate to things like:
- making graffiti (see ‘Graffiti laws’, link below)
- behaving in a way that causes offence to other people, like racial vilification, swearing and using obscene language or exposing your genitals
- protests and demonstrations
- taking inappropriate photos of someone without their knowledge (‘upskirting’)
- lighting fires or setting off fireworks without a permit (see ‘Arson, fires & fireworks’, link below)
- spitting at someone
- being drunk in a public place (see ‘Public drunkenness offences’, link below)
- littering
- begging.
Most of the offences that are known as public order offences are listed under Victoria’s Summary Offences Act 1966 (link below).
Local councils also make laws about behaviour that affects the public in their areas, such as:
- by-laws that ban alcohol in some public places
- laws about busking
- fining owners who fail to pick up after their dogs
- fining people who park in designated areas without a permit.
Penalties for public order offences range from fines to jail sentences, depending on the seriousness of the offence.
Loitering with intent to commit an indictable offence
It is an offence for someone who is known to be a thief or known to have committed drug-related offences to loiter (hang around) in a public place that is known to be associated with drug-related crimes. The police must prove that the person was in the place with the intention of committing an indictable (serious) offence.
With the exception of the above offence, it is not unlawful in Victoria to hang around at a public place – by yourself or with other people – unless you are committing an offence at the time, such as breaching the peace.
The role of police
The police have a legal duty to uphold the public ‘peace’, which means they have to take action to stop the law being broken and to restore public order.
However, they have a great deal of discretion about how they deal with potential breaches of the peace or what actions they take to try to restore social order.
See ‘Dealing with the police’ (link below) for information about being stopped, searched or arrested by the police.
On-the-spot fines
As a three-year trial, from 1 July 2008, police can issue on-the-spot fines to people aged over 18 for a number of common offences, including:
- indecent language
- offensive behaviour
- consuming or supplying liquor on unlicensed premises
- failure to leave licensed premises when requested.
If you do not pay the fine or take other action by the due date it may end up costing you more money. See ‘Options for dealing with fines’ (link below).
Public places
Basically, a public place is somewhere where members of the public are present or are permitted to be. Under the law, public places include:
- any public thoroughfare, including roads, bridges and footpaths
- parks, gardens and other places of recreation
- train stations
- public transport
- places of worship, such as churches
- government schools
- theatres and other entertainment venues
- licensed premises
- racetracks and sports grounds.
Keeping a safe public environment
The main purpose of some public order offences is to protect the safety of the public from accidents or mishaps. These offences include:
- carrying out a blasting operation without permission from council (or failing to follow directions from the council in relation to the operation)
- leaving flammable materials lying around in a public without council permission
- opening a drain or sewer or removing bits of road or footpath without permission
- obstructing a road or footpath with a vehicle or some other goods
- awnings lower that 2.13 metres that overhang a footpath or overhanging goods obstructing the footpath
- making a cellar door or other opening from the footpath or public street without council permission
These offences carry penalties of up to five penalty units (see ‘Penalty & fee units’, link below).
More information
Youth issues – Young people & the police
Related publications
Your rights: police powers in Victoria
Related legislation
Summary Offences Act 1966 (new window)
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
To find out more about any of our legal services see What we do.
Who else can help?
Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.