A trespasser is a person who enters and remains on a property after being advised or warned by the occupier or owner or a representative of.

To define a person as a trespasser, you must remove their right to stay on the premises, by clarifying the reasons for the situation. To do so, you need to:

  • Ask the person to leave the premises
  • Explain the reasons they are being asked to leave
  • Clarify the above
  • Provide them with a reasonable time frame in which to leave

Refusal to leave after the above has been done defines the person as a trespasser.

People may claim that they have received implied consent, that is permission that has been inferred by a person’s actions and the facts of the situation, however not expressly granted by the owner/occupier. This is often the case when a person enters a public place, or if they enter a private property through the primary entry point such as the front gate or door.

However, this implied consent can be overridden by the security officer as a representative of the owner/occupier, should that person not be compliant with the standards or codes of conduct of the premises. This also applies to ticketed events and licensed venues.

If the person refuses to leave after the above steps have been taken, you may need to use reasonable minimum force to lawfully eject the person from the premises.

 

Diamond Protection Pty Ltd (Diamond) is a leading provider of security, emergency and training services. Established in 1995, this Australian owned and operated company is committed to leading the way – to be the standard of excellence. Diamond operates an internationally certified Integrated Management System (IMS) incorporating ISO accreditation for Quality (ISO 9001:2008), Occupational Health & Safety (AS/NZS 4801 & OHSAS18001:2007) and Environmental Management (ISO 14001:2004) Systems. The company has placed significant importance in continual improvement and commitment to the community and environment.

Diamond works closely with clients throughout Australia and beyond to provide security audits, security guards / officers, patrols, risk management, emergency service officers, safety officers, life support and nationally recognised training courses in partnership with Australian government and private Registered Training Organisations.

Visit our website at www.diamondprotection.com, call our team on 1300 669 155 or email: info@diamondprotection.com to outline your specific requirements.