Navigating police move-on orders

Police can direct you to leave and stay away from a public place for up to 24 hours. These are called 'move-on powers.'

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What are move-on powers?

Police and protective service officers have the power to direct someone to ‘move on’ if they suspect on reasonable grounds that a person is or may:

Breach the peace
Endanger the safety of someone
Cause injury to person
Damage public property

This power is given to police from the Summary Offences Act 1966 (Vic).

This direction may be called a move-on order or a move-on direction, and police can make this order verbally to you.

If you think a direction issued to you is unfair, you can follow the move on order and submit a complaint later. You should get the officer’s name, rank and badge number.

Failing to follow a move on order from an Officer, may result in you receiving a fine or being charged with a criminal offence which would require you to make a court appearance.

Where can move-on orders be made?

Essentially, these orders can be made in any public place. This includes parks, gardens, roads, cinemas and train stations.

Can police use move on powers at a protest?

You have the right to protest in Victoria. This right is recognised under the United Nations Universal Declaration of Human Rights (1948) which is an international convention of which Australia is a signatory of. In addition, section 16 of the Charter of Human Rights and Responsibilities Act 2006 provides the right for individuals to peacefully protest.

While police are often in attendance at protests, section 6 (5) (b) of the Summary Offences Act 1966 (Vic) states that move on powers cannot be used on protesters. However, the police can detain or arrest you if they reasonably believe you’re committing a criminal offence. Committing an offence goes beyond the actions of protest and will not be protected by the move on exception.

For further information check out Fitzroy Legal Service's Law Handbook 2024 (pages 1,046 – 1,052).

Can you film the police?

You are allowed to film police performing their duties in a public place as long as you don’t prevent them from doing their job. Police can lawfully instruct you to stop filming if your actions are hindering their work, interfering with a covert operation or creating a risk of harm to others through the manner in which you are filming.

Police cannot take away your phone if you are filming them, even if they would like to use the footage for their purposes. In the event police want a copy of the video, they can ask for your name, address and email as a witness for them to formally request the footage.

Remember if you film police and intend to make a formal complaint, ask for the Police Officer’s name and badge number. They must provide you with this information.

For more information visit the Police Accountability Project webpage on Your Rights and The Police.