NSW How to Stop Neighbour from Using Police to Harass Us?

[maggi]

My neighbour continually rings the police to complain about noise from music. This has been going on for at least 12 months and each time the police attend, they find no problem. The music is not loud and is during the afternoons when we have a BBQ. Each time we are in the backyard our neighbour looks out his window and then rings police.
He does not live behind or beside us and no other neighbours have ever complained.
He lives in the street behind us and 3 houses up. We are a couple in our late 50's and usually in bed by 8.30pm as I start work early.

How can I stop him under Australian Law from using the police to harass us?

 

[Victoria S]

Hi @maggi
Have you spoken to that neighbour directly to try to sort out the issue?
Has that neighbour contacted you directly, or is it always through the police?
Have you tried to get the police to make a note of this situation, so that they understand the history before the attend the call?

 

[Sophea]

Hi Maggi,

Sounds like a very annoying situation. In NSW, the Protection of the Environment Operations (Noise Control) Regulations 2008 restrict the playing of loud sound systems that disturb neighbours after 10pm Sunday to Thursday. Offensive noise is defined in the related Act as noise of a quality or nature that is harmful to a person who is outside from the premises from which its emitted or interferes unreasonably with the comfort of a person outside the premises.

Based on the information that you have provided above, it doesn't appear that you are contravening this regulation and hence why the police have not taken any action when they have been called out.

You may wish to contact a Community Justice Centre which are government-funded centres that specialise in settling differences between neighbours without legal processes. Through them you can access mediation services where you can meet with the offending neighbour together with a CJC representative, to try and resolve the problem. Their services are free.

Also as Victoria suggests, when the police next come out - ask them what can be done in the circumstances and ask them to make a note of the frequency with which your neighbour makes baseless complaints.