NSW Is Trespassing an Offence Under Criminal Law?

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Toqual

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10 July 2014
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Which statute and section addresses trespassing? Is it a criminal law offence?

To be specific, trespass into restricted areas of trains etc.
 

Sarah J

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16 July 2014
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Melbourne, Victoria
Hi Toqual,

Trespass is both a criminal and civil (private) offence. In short, you can be sued by an individual (usually the owner) and the state/police.

Trespass is an offence against property, meaning that you have interfered with the rights of the owner or rightful possessor without their permission.

- Inclosed Lands Protection Act 1901 (NSW) sections 4 and 4A: it is an offence to enter into enclosed lands without a lawful excuse and without the owner's permission
- Crimes Act 1914 (Cth) section 89: it is an offence to trespass onto commonwealth land
- Public Order Act 1971 (Cth) section 11 and 12: it is an offence to enter into or obstruct commonwealth or territory property

If you trespass into restricted private land, you may be committing a civil tort, in addition to one of the criminal offences above, as well as breaching a contractual term (e.g. where you purchase a ticket to enter into a transport area and there are terms attached to that ticket).
 
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Tim W

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28 April 2014
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There are a number offences in the Passenger Transport Regulation 2007 (NSW).

Specific offences relating to parts of a train vehicle are in part 68 of the Regulation.
Specific offences relating to railway land are in part 65.

What has this particular friend done that they ask you this question?

It may also be useful to know that Australian Road Rule 235 is
in play for pedestrians at level crossings.
 
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Toqual

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10 July 2014
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APT

Well-Known Member
30 May 2014
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W.A
Anyone going to offer the defences to trespass?? or is it all just persecutory prosecutions here?

'Claim of Right'?

'Reasonable Excuse'?

'Mistake of Fact'?
 

Kbam

Well-Known Member
2 September 2018
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Hi Toqual,

Trespass is both a criminal and civil (private) offence. In short, you can be sued by an individual (usually the owner) and the state/police.

Trespass is an offence against property, meaning that you have interfered with the rights of the owner or rightful possessor without their permission.

- Inclosed Lands Protection Act 1901 (NSW) sections 4 and 4A: it is an offence to enter into enclosed lands without a lawful excuse and without the owner's permission
- Crimes Act 1914 (Cth) section 89: it is an offence to trespass onto commonwealth land
- Public Order Act 1971 (Cth) section 11 and 12: it is an offence to enter into or obstruct commonwealth or territory property

If you trespass into restricted private land, you may be committing a civil tort, in addition to one of the criminal offences above, as well as breaching a contractual term (e.g. where you purchase a ticket to enter into a transport area and there are terms attached to that ticket).


What the story when a train driver is mentally harmed or experience nervous shock after hitting and killing a trespasser with the train he’s driving? Is there any right to claim?

#6Kbam, A moment ago
 

Kbam

Well-Known Member
2 September 2018
16
0
71
There are a number offences in the Passenger Transport Regulation 2007 (NSW).

Specific offences relating to parts of a train vehicle are in part 68 of the Regulation.
Specific offences relating to railway land are in part 65.

What has this particular friend done that they ask you this question?

It may also be useful to know that Australian Road Rule 235 is
in play for pedestrians at level crossings.


What the story when a train driver is mentally harmed or experience nervous shock after hitting and killing a trespasser with the train he’s driving? Is there any right to claim?
 

Tim W

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28 April 2014
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Are you a train driver?
 

Tim W

Lawyer
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28 April 2014
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Might be - why do you ask?
So, "yes" then?
I ask because if you have been injured at work
(including psychiatric injury related to the death of a trespasser)
then you should be talking to the union about a Workers Comp claim.
If you are not union, then you're on your own.