Police & PSO's (Public Service Officers)

Your Rights & Responsibilities

Police and Protective Services Officers (PSOs) are part of everyday life.

Knowing your rights and your responsibilities can help you stay calm and protect yourself.

Topics

PSOs patrol designated places — mainly train stations and other public transport hubs. Their powers are more limited than police and only apply in those designated locations.

Here is what PSOs can and cannot do:

PSOs CAN

Ask for your name and address at a designated place (e.g. a train station) if they believe you have committed, or are about to commit, an offence (Crimes Act 1958 (Vic), s 456AA(6))
Direct you to move on from a designated place
Detain and arrest you at a designated place — but they must hand you to a police officer as soon as practicable after arrest (Crimes Act 1958 (Vic), s 459(2))

PSOs CANNOT

Search you (PSOs do not have general search powers — only police can search)
Conduct strip searches under any circumstances
Exercise powers outside their designated area
Investigate crimes or question you in the same way police can
Charge you — they must hand you to police first

The same rules about giving your name and address, your right to silence, and your right to a lawyer apply when dealing with a PSO as they do with police.

Give your name and address if asked by an authorised officer, PSO, or police officer.

Refusing is an offence. Giving false details is also an offence.

You generally do not have to answer police questions, but in certain situations you must give your name and address. Refusing when lawfully asked is a criminal offence. Giving false details is also a criminal offence.

Police can ask for your name and address if they

Believe you have committed, or are about to commit, an offence
Are investigating a serious offence and believe you have information that could help (they must tell you what offence)
Have pulled you over while driving: You must stop and also show your licence or permit
Are at a hotel, pub, bar or licensed venue: Police and staff can ask for proof of age, and police can ask your name and address without giving a reason

PSOs and authorised officers (ticket inspectors) can also ask for your name and address on public transport.

Police must tell you why they are asking: If they don’t give a reason, ask for one. If they refuse to give a reason, take note of what happened and get legal advice.

If you are under 18: The same name and address rules apply to you as to adults. You do not need a parent or guardian present just to give your name and address.
It is still an offence to refuse or give false details.

You have the right to silence.

Beyond giving your name and address, you do not have to answer any police questions.

Anything you say — at any time, anywhere — can be used as evidence. There is no ‘off the record’.

You can say: “I want to speak to a lawyer before I answer any questions”
You are entitled to do this — Police should help you arrange it

If you are under 18 — police must not formally question you unless:

Your parent or guardian is present, or
An independent person is there — if your parent or guardian is not available, or you do not want them there
You must be given the chance to speak privately with your parent, guardian or independent person before questioning starts
You have the right to answer “no comment” to all questions except your name and address — this cannot be used against you
Victoria Legal Aid has a lawyer available 24/7 for under 18s about to be interviewed by police: Call |📞 1300 792 387

Police can start questioning without a parent or independent person only if someone involved in the offence might escape, or if waiting puts others in danger.

Police can only search you in a public place if they reasonably suspect you are carrying illegal drugs, illegal weapons, firearms, or graffiti implements.

Police must tell you why they are searching you before they start
They must make a record of the search — you can ask for a copy at the time or later
You cannot be strip searched in a public place

Extra search rules if you are under 18

Alcohol: Police cannot search you specifically for alcohol — but they can take it from you if they see it
Chroming (inhaling volatile substances): Police can search you if they suspect you are about to chrome — chroming is not a criminal offence, but police can stop you and take you somewhere safe
Graffiti tools (14 and over): Police can search you if they suspect you are carrying graffiti tools — like spray paint, Texta’s, stencils, or gouging tools — near public transport property or if you are trespassing
Before searching, police must tell you their name, rank and station — write these down
At school a principal or assistant principal can search you if they reasonably suspect you are carrying illegal weapons

If police arrest you, you have the right to

Call a lawyer from a private space (somewhere police cannot hear you) before any formal questioning
Call a friend or family member from a private space

Police do not have to allow a phone call if they believe it could help another person escape, cause evidence to be lost, endanger others — or in driving matters involving a breath or drug test.

If you are under 18 and arrested

Police must contact your parent or guardian as soon as possible
Do not answer any questions until you have spoken with a lawyer and your parent, guardian or independent person is present
You cannot be charged with a criminal offence if you are under 12
Call Victoria Legal Aid 24/7 | 📞 1300 792 387

Do not resist arrest

Even if you believe the arrest is unlawful, do not physically resist
Resisting or obstructing a police officer is a separate criminal offence — you can be charged for it on top of anything else
If you think the arrest was wrong, the right time to challenge it is in court, with a lawyer

Different rules apply depending on your age.

Fingerprints

Under 12: Police cannot fingerprint you
12 to 14: Fingerprints can only be taken if both you and your parent or guardian agree — if you or your parents refuse, police must get permission from the Children’s Court
15 to 17: A parent, guardian or independent person must be present when police ask to take fingerprints — and when they are actually taken
18 and older: In most situations you must allow fingerprinting if police believe you have committed an offence

Body Samples (DNA, saliva, blood, swabs)

Under 12: Cannot be taken under any circumstances
12 to 15: Can only be taken if police get a court order
12 to 18: Police can approve a non-intimate sample if you are believed to have committed a serious offence — a parent, guardian or independent person must be present

Fingerprints and body samples must be destroyed within set time limits if you are not charged, found not guilty, or do not reoffend before turning 26 — unless you were charged with a serious offence. You can check with police to confirm this has been done.

Police can direct you to leave a public place if they suspect you are disrupting or likely to disrupt the peace, acting dangerously, or likely to cause damage to property.

They do not have to give you a written direction — they can just tell you verbally
You must stay away from that place for up to 24 hours
Refusing is a criminal offence — on-the-spot fine of 2 penalty units, or up to 5 penalty units at court
Police cannot move you on if you are peacefully protesting about a political issue, or taking part in lawful strike action

If something goes wrong

If you think police or PSOs have treated you unfairly or unlawfully, you have the right to make a complaint.

Act quickly — the sooner you complain, the better
Get legal advice first — especially if you have been charged with an offence
See a doctor immediately if you are injured and get your injuries documented
Complaints can be made to:
Victoria Police Professional Standards Command | 🌐 vic.gov.au or to
IBAC (Independent Broad-based Anti-corruption Commission) | 🌐 ibac.vic.gov.au

If you need urgent assistance or feel unsafe right now, call 000.

Legal advice: Do you think you may have a legal issue and would like advice? Free and confidential help is available.

Contact:

Barwon Community Legal Service | 📞 1300 430 599 | 📱 Text 0487 182 273 | or click here to request an appointment online
Victoria Legal Aid | 📞 1300 792 387 | 🌐 legalaid.vic.gov.au/contact-us | 💬 Webchat
Youthlaw | 📞 (03) 9113 9500 | 🌐 youthlaw.asn.au | ✉️ info@youthlaw.asn.au | Free legal advice for under 25s

If you need to speak to someone urgently please call:

Lifeline (Free 24/7) | 📞 13 11 14 | 💬 Webchat | 📱 Text 0477 131 114
Crisis support and suicide prevention

Kids Helpline (Free 24/7) | 📞 1800 551 800 | 🌐 kidshelpline.com.au
Counselling service for young people aged 5 to 25

🌈 Rainbow Door (10-5pm every day) | 📞 1800 729 367 | 📱 Text 0480 017 246 | 🌐 rainbowdoor.org.au
Free helpline and specialist support service for LGBTIQA+ Victorians, their friends and families

🖤💛❤️ 13YARN (Free 24/7) | 📞 13 92 76 | 🌐 13yarn.org.au
Aboriginal & Torres Strait Islander crisis support line developed and run by community in partnership with Lifeline

Other helpful resources:

Ask Izzy | 🌐 askizzy.org.au
FREE directory to find local housing, food, and support services near you

Quick Help Guide (BAT Force) | 🌐 batforce.org.au/quick-help-guide
A practical guide connecting you to support for food, housing, mental health, family violence, financial stress and tenancy

YouthNav (Youth Central) | 🌐 youthcentral.vic.gov.au/youthnav
A life skills and information hub for young people aged 12 to 25 that helps build knowledge, confidence, and independence into adulthood