The police officer must believe on reasonable grounds that the person’s behaviour in the place as a result of the intoxication:
- is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or
- is disorderly.
Failure to comply with the move-on direction can result in a maximum fine of $220.
The Summary Offences Act 1988 (NSW) (‘the SO Act’) was also amended last year to create a new offence for persons who have been given a move-on direction. Section 9 of the SO Act provides that a person:
- who is given a move on direction for being intoxicated and disorderly in a public place, and
- within 6 hours after the move on direction is given, is intoxicated and disorderly in the same or another public place, is guilty of an offence.
Continuation of intoxicated and disorderly behaviour can attract a maximum fine of $660 (s 9 of the SO Act). Police may detain an intoxicated person if they are behaving in a disorderly manner, or in a manner likely to cause injury, or damage to property, or if they are in need of physical protection because they are intoxicated.
The Ombudsman is asking that people voice their concerns about, and experiences (positive or negative) of the new move-on laws. The Ombudsman will be publishing an issues paper and inviting submissions from all interested parties. Further information can be found at the following website: http://www.ombo.nsw.gov.au/aboutus/reviewimplemlegislatn.html.
ELYSE METHVEN is a PhD candidate in Law at the University of Technology, Sydney.