Policing public places 1990-present
The policing of public places has been shown to affect Aboriginal people, particularly those experiencing homelessness, at higher rates. Increased visibility in public areas, social disadvantage, and the use of broad police powers like ‘move on’ directions contribute to more frequent interactions between Aboriginal people and police.
Aboriginal people increase their likelihood of interacting with police when they are in public places (, ).
Aboriginal people may be in public places more often because of social disadvantage, a greater reliance on public services, or because they are over-represented in the homeless population (, , ). They therefore may be more likely to be in areas patrolled by police, and have increased interactions with police who have considerable discretion in how they respond to what they see as a violation of the law () (see SUB0421).
Research has shown disproportionate rates of Indigenous homelessness are linked to a range a factors stemming from dispossession and colonisation, including an inadequate supply of affordable housing, overcrowding, limited access to services in remote communities, engagement with the child protection system, family violence and interactions with the criminal justice system (, , ).
More frequent interactions with police in public places increases the likelihood that Aboriginal people will be charged with discretionary public order offences. Public order offences are offences that typically occur in public places such as offensive conduct and language including swearing, urinating and fighting.
For more information on these offences see SUB0552: Offensive Conduct and Language and SUB0009: Public Drunkenness.
For more information about the role of police discretion see also SUB0421: Police Discretion.
Move on directions
In New South Wales, police ‘move on’ powers were first introduced in the late 1990s in the Summary Offences Act 1988 (NSW) () and later incorporated into the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA) ().
These powers allow police to direct individuals and groups to leave a public place for a specified period of time where a police officer reasonably believes they are:
- obstructing traffic or others,
- engaging in behaviour that is considered harassment, intimidation or is likely to cause fear in others,
- is involved in unlawful buying or selling of drugs, or
- is intoxicated ().
The direction must be for the purpose of stopping, reducing or eliminating the behaviour ().
When LEPRA was introduced in 2002, it was argued that the ‘broad’ move on powers were ‘abusive, unnecessary and used often to harass Aboriginal people’ (). These same concerns were raised when the Summary Offences Act was introduced over a decade earlier (, ).
‘Move on’ powers were created to preserve public order and are used as an alternative to arrest (). However, directions can escalate otherwise minor interactions with police into incidents that result in criminal charges (see SUB0552). Failure to comply with a move-on direction can result in arrest and prosecution (). For more information see the forthcoming subject on Fines.
Move on directions and Aboriginal people
A 1999 New South Wales Ombudsman investigation found that 22% of move on directions were issued to Aboriginal people (). The investigation also noted that move on directions were often used to target behaviours associated with homelessness, such as begging or sleeping rough, and that a rise in the number of move on orders issued tended to correspond with an increase in charges for public order offences ().
In 2011, amendments to the Summary Offences Act made it a criminal offence for an intoxicated person to fail to move on after being directed (). In 2014, the New South Wales Ombudsman reported that Aboriginal people were particularly impacted by this law, with 31% of Criminal Infringement Notices for ‘continuation of intoxicated and disorderly behaviour following a move on direction’ () being issued to Aboriginal people ().
Between January 2025 and December 2025, 19% of move on directions were issued to Aboriginal people ().
Public drunkenness
From 1835 to 1979 it was a crime to be drunk in public places, and after 1979 police still had broad powers (‘protective custody’) to remove intoxicated people from public areas.
The Royal Commission into Aboriginal Deaths in Custody found that of the 99 deaths in custody examined between January 1980 and May 1989, 35 people had been detained for intoxication/public drunkenness (, , ).
The Royal Commission found that despite the decriminalisation of public drunkenness in 1979, there was an increase in police stopping and detaining Aboriginal people in the following years. The report noted that this increase was not the result of increased drunkenness in the community but instead a result of a deliberate policing strategy purported to control crime ().
For more information on public drunkenness laws see SUB0009.
Alcohol-Free Zones and Alcohol Prohibited Areas
Police also have special powers in public places which have been nominated as ‘Alcohol-Free Zones’ or ‘Alcohol Prohibited Areas’.
In 1990, Local Councils were given the power to declare places as ‘Alcohol Free Zones’ (). This was to target areas used as ‘the habitual haunts of drinkers’ (). Within these zones, police were authorised to confiscate alcohol from individuals consuming or attempting to consume it. Failure to comply with a warning could attract a fine with a maximum penalty of $20 ().
A study in Walgett found the law to have ‘at best’ been ‘only moderately successful in fulfilling the aim of reducing anti-social behaviour by drinkers’ ().
In 1993, Local Councils were given the power to ban alcohol consumption in parks and reserves. These became known as ‘Alcohol Prohibited Areas’ (). This law followed a ‘failed attempt by the Bourke Shire Council in 1990 to prosecute an Aboriginal person for street drinking under section 249(k) of the Local Government Act 1919 (NSW) ().
There have been changes to the law since that time (, , ) but the purpose of ensuring the ability for Local Councils to designate areas as ‘alcohol free’ has remained.
The powers are now consolidated under the Local Government Act 1993 (NSW) (). Alcohol-Free Zones apply to public roads, footpaths or public carparks. Alcohol Prohibited Areas apply to parks and civic spaces ()
In May 2024, the City of Sydney reviewed its approach to the designation of Alcohol-Free Zones and Alcohol Prohibited Areas. This review included engagement with Aboriginal Community Controlled Organisations who highlighted the need for the review to ‘take account of the structural and systemic aspects … that disproportionately affect Aboriginal and Torres Strait Islander communities’ ().
The report included reference to the significant cultural value and importance of gathering outdoors, the impact of cost of living pressures on the availability of drinking in licenced venues, and the impact on people experiencing homelessness. Stakeholders also identified that the designation of alcohol free areas gave police a means of ‘proactive policing’ certain communities ().
Restrictions such as Alcohol-Free Zones expand opportunities for police intervention in public areas, increasing contact with groups who may already feel over-policed ().
Night Patrol
Aboriginal communities have developed night patrols (also known as community patrols, foot patrols, mobile assistance patrols or street beat programs) as a harm reduction strategy alongside formal policing in public places. They are independent to police and are minimally engaged with them as the system relies on resources, knowledge and culturally informed codes of conduct ().
Night patrols can vary in how they operate to reflect the needs of the community they operate within. The functions of these patrols ‘include safe transportation for those at risk of causing or being the victims of harm; dispute resolution and mediation; interventions to prevent self-harm, family violence, homelessness and substance misuse; and diversion from contact with the criminal justice system’ ().
The Safe Aboriginal Youth Patrol (SAY) Program, which focuses on providing transport for young people in NSW was evaluated in 2014 (). It identified a reduction in incidents of crime (especially minor offences), minimisation of harms associated with alcohol and drug use, enhanced feelings of community safety and increased access to diversionary programs (). The SAY Program was expanded to Moree, Orange, Coffs Harbour, Tamworth and additional areas of Dubbo in 2024 ().
For more information see Community Led Initiatives (a forthcoming subject).
The law and policy in this subject is accurate as of 15 May 2026.