What is trespass?
Trespass is like sneaking into someone’s yard or house without asking. Not cool unless they say it’s okay!
Trespass can include walking on or staying on someone’s property without permission. Even leaving backpacks or a bike on someone’s property, or throwing something through a doorway, can be trespass.
Even if you are somewhere where lots of people go, like a supermarket or shopping centre, you might still be trespassing if you have been told to leave and you don’t.
In NSW, trespass is usually a ‘civil’ law issue. This means the person responsible for the property might be able to take you to court and make you pay money, or stop you from coming back.
If it’s serious, trespass can also be a crime. You could be fined, or you might be charged and have to go to court. You could even face gaol time. If you are convicted of a trespass offence in court, it will appear on your criminal record.
If police want to talk to you about trespass, you should get legal advice straight away.
The law says that sometimes it is okay for you to be somewhere, even if you didn’t ask permission first – for example, if you needed to help in an emergency, like putting out a fire. Or there might be legal reasons that make it okay, like when police officers have a ‘warrant’.
A trespass notice is a warning that says you aren’t allowed to be somewhere. If you are given a trespass notice, and you come back anyway, you could be fined or arrested. These notices are given by places like stores or schools to keep everyone safe. A trespass notice can be written or spoken.
Sometimes the notice will be called a ‘termination of licence’ notice.
If a security guard approaches you at a shopping centre, you have rights. They can ask questions, but you don’t have to answer. They can only search your bag if you agree. If you say no, they might ask you to leave. Remember shopping centres are private property, so security guards can tell you to leave, or even ban you. Stay calm, be polite, and if you’re unsure, ask to call a parent or guardian.
If you get a trespass notice at a shopping centre, you can’t go back there. If you do, you could be fined or even arrested. It’s important to stay away and avoid any trouble. If you’re under 18 and you want to complain about a security guard’s behaviour or about being banned by a shopping centre, you can call the Legal Aid NSW Youth Hotline on 1800 10 18 10 and speak to a lawyer.
Where can I go for help?
| Organisation | Information | Contact details |
|---|---|---|
| Legal Aid NSW Youth Hotline | The Youth Hotline is a free telephone advice and information service for young people under 18 in NSW. | Call 1800 10 18 10 between 9am and midnight on weekdays, with a 24-hour service from Friday 9am to Sunday midnight and also on public holidays. |
| LawAccess NSW | LawAccess NSW is a free information service run by Legal Aid NSW. They provide legal information and referrals for people with a legal problem in NSW. | Start a web chat or call 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays). |
| Aboriginal Legal Service (NSW/ACT) | The Aboriginal Legal Service can provide help with legal matters for Aboriginal and Torres Strait Islander people. | Call 1800 765 767. |
| Central Coast Community Legal Centre | The CCCLC provides free legal help and support for all people on the NSW Central Coast. | Call (02) 4353 4988. |
| Central Coast Community Legal Centre Aboriginal Youth & Community Navigators | The CCCLC Aboriginal Youth & Comunity Navigators support Aboriginal young people under the age of 25 and their families in the Darkinjung Community. | Call 0492 865 273. |
Updated January 2025