In New South Wales (NSW), Australia, property owners, including those managing shopping centres, have the legal right to control access to their premises. This includes the ability to ask individuals to leave or to ban them from the property under certain circumstances. Understanding when and why you might be legally removed from a shopping centre can help you navigate your rights and responsibilities as a consumer.
Legal Basis for Removal
The legal framework that allows for someone to be removed from a shopping centre is primarily grounded in property law, which recognizes the rights of property owners to decide how their property is used. Shopping centres are private properties open to the public for specific purposes—primarily retail activities. As such, the property management has the authority to enforce rules necessary to maintain order, ensure safety, and enhance the shopping experience for all patrons.
Reasons for Removal
There are several common reasons why someone might be legally removed from a shopping center in NSW:
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- Disruptive Behavior: Behavior that disturbs other customers or disrupts business operations can lead to being asked to leave. This includes, but is not limited to, shouting, using offensive language, harassment, or causing a disturbance.
- Criminal Activity: Engaging in illegal activities such as shoplifting, vandalism, or assault is a clear basis for removal and can also result in arrest and prosecution.
- Violation of Property Rules: Shopping centers often have codes of conduct that may include dress codes, restrictions on pets (except service animals), bans on skateboarding or similar activities, and other rules. Violation of these rules can result in being asked to leave.
- Health and Safety Regulations: Especially relevant in times of public health concerns (like during a pandemic), shopping centers may implement specific health and safety guidelines such as mask-wearing or social distancing rules. Non-compliance can lead to removal.
The Process of Removal
The process usually begins with a verbal request to leave the premises. This request should be reasonable and relate directly to the behaviours or violations involved. If the individual does not comply with the request, shopping centre security or management, they are committing trespass, a crime under the Inclosed Land Protection Act 1901 (NSW) and the Crimes Act 1900 (NSW). A trespasser can be arrested and attract fines, and under certain circumstances, trespassing can result in a jail term should an arrest take place.
Your Rights
While shopping centre management does have the right to ask someone to leave, this power is not unlimited. Actions taken by property management or security must be reasonable, non-discriminatory, and proportionate to the issue at hand. For example, management cannot remove someone solely based on race, gender, religion, or other protected characteristics under anti-discrimination laws.
Anti-discrimination laws are fairly precise, and often, a patron may “feel” discriminated against. However, the law is pretty clear on what is considered discrimination and what isn’t.
If you believe you have been unfairly or illegally removed from a shopping centre, you can:
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- Request a clear explanation for the removal.
- File a complaint with the shopping centre management.
- Seek advice from a legal professional regarding potential discrimination or other legal violations.
- Contact the NSW Anti-Discrimination Board or the Australian Human Rights Commission if you believe the removal was due to discrimination.
Conclusion
Being removed from a shopping centre in NSW is legally permissible if the individual is violating the law, the property’s rules or behaving in a manner that negatively affects others’ use of the premises. However, this must be done within the bounds of reasonableness and fairness. Understanding both the rights of the property owners and your own rights as a consumer can help you navigate these situations more effectively.
