Please be ready with your application reference number starting with 'P'. For example P1234567
There are many behaviours in Victoria that are prohibited under the Victorian legislation through various laws. Most of these offences can be settled through minor fines and expiation notices unless the Police decide to prosecute the offender in a local court.
Offensive behaviours include a whole range of disorderly and disruptive actions in Victoria. The Summary Offences Act 1966 (Vic) guides and describes various offences within the state of Victoria.
If an individual is convicted in a Victorian court for an Offensive Behaviour offence, the offence will show up as a disclosable court outcome (DCO) on a criminal history check in Victoria.
The Local or Magistrate court in Victoria hears all behaviour offences in Victoria unless settled by on-the-spot fines. The court may also opt against issuing sentencing in some instances, especially where they consider the crime to be minor.
Section 17 of the Summary Offences Act 1966 (Vic) prohibits all offensive or abusive actions in a public space or towards a particular person.
An offence under this section includes cases where the person;
The person is guilty of an offence that incurs;
It is an offense for a person to cause disorder or disruption while in public space or other spaces that the public can easily access. Division 1 of the Summary Offences Act 1966 (Vic) describes actions that can constitute such offences as;
Offences relating to sensible order of the town
It is against the order of town to participate in any of these actions in a public space;
It is also an offence in this section for a person to annoy or obstruct normal activities by;
Anyone the court finds guilty of this offence is liable to minor fines of up to 5 penalty units.
The Victorian legislation authorises a Police or protective officer to issue a "move-on" direction to a person. The directions may include leaving a place and never returning for a temporal period (usually 24 hours).
The official can impose a move-on direction for many reasons, especially where they consider the individual disruptive, endangering or likely to cause any harm to the safety of people.
A person who disregards this move-on order in any manner is guilty of an offence that incurs five penalty units.
It is an offensive act for a person to participate intentionally or recklessly in an act that will likely cause personal injury/damage.
Section 7 and Division 2 of the Summary Offences Act 1966 (Vic) describe the actions for such offence to include;
It is an offence that incurs as much as 25 penalty units or six months imprisonment.
It is an offensive act for a person to destroy properties in Victoria that don't belong to them. It is an offence that incurs 25 penalty units or six months imprisonment.
It includes cases where the person;
Wilfully damages any private or public property. And the damage done should not be more than $5000.
It is an offence to wilfully Trespass in any place and refuses to exit the property after the legal occupier requests so. An occupier, in this case, can include any person who has legal claims over such property
It is also an offence to breach private or public property in a manner that will breach the peace or cause reasonable apprehension.
Defacing a property through illegal bills
It is an offence under section 10 of the Summary Offences Act 1966 (Vic) for a person to post, write or paint over;
Any action that defaces a property is a minor offence in Victoria that incurs 15 penalty units or up to 3 months imprisonment.
Subsection 6 of s10 of the Act also allows the court to impose the costs of correcting/obliterating such a thing that is painted.
Section 11 of the Summary Offences Act 1966 (Vic) prohibits all open and illegal lighting of fires. It states that a person must not light or use a fire in the open air or carry any flammable material around.
It is also an offensive act for a person to leave the charge of a light fire without designating another person.
It is an offence that incurs as much as 25 penalty units or 12 months imprisonment, or both.
Such an offence may also lead to an Arson offence in Victoria.
There are various offences relating to the il behaviours of people intoxicated by an alcoholic substance or other liquors under the law.
Persons found drunk
Section 13 of the Act makes it criminal for a person to be found drunk in a public place. It is an offence that incurs as much as eight penalty units.
Being drunk and disorderly
A person will be guilty of an offence if they are drunk and disorderly in a public place. It is an offence that incurs as much as;
It is an offence for a person to expose any part of their genitals or intend to commit such a crime. It also includes where such offence is sexual or the exposure is within the view of public space.
A person guilty of this offence under this subsection is guilty of a crime that incurs as much as two years imprisonment (Level 7 imprisonment).
It is a criminal act for a person to conduct themselves disorderly in a place where liquors or other refreshments are sold. It includes all improper conduct and unhealthy behaviours a person executes in a gaming premise.
An offence under section 20 of the Summary Offences Act 1966 (Vic) that attracts fines of up to 5 penalty units for first-time offenders. Subsequent offences of this kind incur about three months imprisonment term.
Section 21 of the Act considers a person guilty of an offence if they wilfully or unlawfully;
It is an offence that incurs as much as 15 penalty units or three months imprisonment.
Victorian legislation permits the Police to enter into a building/premises at any time as long as it is on a public premise. It is an offence to needlessly delay a Police officer or other necessary official to enter public properties.
It is an offence that incurs as much as one penalty unit.
Assault offences in Victoria are a serious offensive act. Common Assault is an offence that incurs as much as 15 penalty units or three months imprisonment. It is an offence as described in section 23 of the Summary Offences Act 1966 (Vic).
It is an offence with aggravated nature if the accused person causes severe harm or where the victim is;
It is an offence that incurs as much as 25 penalty units in fines and six months imprisonment.
If an individual is found guilty of an offensive behaviour offence in Victoria (Vic), the offence will show up as a disclosable court outcome (DCO) on the results of their criminal history check.
Individuals can obtain a nationally coordinated criminal history check via the Australian National Character Check - ANCC® website.
Summary Offences Act 1966 (Vic) - https://www.legislation.vic.gov.au/in-force/acts/summary-offences-act-1966/133
Legal Aid Victoria (Behaviour in Public that is Against the Law) - https://www.legalaid.vic.gov.au/find-legal-answers/criminal-offences/behaviour-in-public-that-is-against-law
The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.
You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.
The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.