Know your rights : No one should enter your premises without consent

March 07, 2017
Agent of the state, such as a firefighter, may access your home or property without consent.

Over the last two weeks, we looked at how the law protects your property including land, motor vehicle and jewellery. But what does the law say about your right to privacy at home, or as it relates to your property? This week's article discusses just that. The law says:

 

1. No one should search you or your property without your consent; and,

2. No one should enter your premises without your consent.

There are some exceptions in law that may require an agent of the state, such as the police, public health official or tax official, to gain access to your home or property, including:

- In the interests of defence, public safety, public order, public morality, public health or public revenue. For example, if there is a public health outbreak in your community, public health officials may need to gain entry to your premises as part of the public health response strategy;

- Where entry to your property is required for town and country planning or to be developed or utilised to promote the public benefit;

- To carry out any work or installation that may be required to be done by a lawful entity, department of government or local government authority;

- For the purpose of detecting or preventing a crime; or,

- For the purpose of protecting the rights or freedoms of other persons.

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