It will be similar in SA . Trespassing FACTS: applies to Melbourne in the state of Victoria Australia 2021. Andrew’s Victorian government is now permitting police to enter your property and home without requiring a warrant – people have mentioned putting up no trespass signs. Cth ( Commonwealth ). And remember this key fact – if the police trespass and you wish to initiate a court case – it WILL go to the admin law court because it involves an agency of government. I would not consider an action without re-attaching to the Cth. Otherwise it’s private like they are a private corporation under the government guidelines and commercial trade and business. Given that in a Trespass court action – You must know HOW the sign must be written and where it must be placed.
1) You must keep your gates closed – an open gate is deemed an invitation.
2) You must put your sign BESIDE the gate – not on it. When the sign is on the gate, and the gate is opened – it is deemed the sign is not relevant at that point in time.
3) if there is more one entrance put a sign beside each one.
4) Although there are NO legislative requirements for a sign, use reflective paint. In our case, our 900 x 600 mm sign was deemed unseeable because it was not in reflective paint for night viewing.
5) The sign must contain two main considerations (you can word them how you want) – Private property, No trespassing AND Trespassers WILL be prosecuted. Apparently, you have to warn the potential trespasser of the danger.
6) Do NOT enter into discussion with the trespasser – it will be deemed you invited them to remain.
7) State You are trespassing past a No trespassing sign – you must leave now. Continue to state that until they leave.
9) By law AND legislation, if they do not leave after you have requested them to, two times – they are officially trespassing and an action can be initiated.
10) They must come from your front gate to your front door. a person without authority to enter can not wander around. Any supposed authority is from the front gate to the front door only.
11) You may add the key trespass case to your sign if you wish, however in the admin cases, the admin coram fobbed off the High Court rulings. I now know that is because the admin court did not have to answer to Cth rulings. If the police or any such body enter, do NOT leave your home and NEVER leave your property with them. On outside ground you can be arrested.
1) Personally I would have a copy of my Reversionary and/or Acceptance of the Cth / Authenticity of your Tangata Whenua or aboriginal postmaster LLC paperwork to hand to any police officer to inform him or your lawful status and obligations.
2) Do not attempt to fight them or argue – they will be deemed to be forced to ‘calm you down.’
3) If they lay hands on your body, state ‘you are raping me, you do not have my consent to rape me.’ That is more powerful than ‘don’t touch me.’ Rape does not just mean sexual attack – it means touching without permission.
4) Simply continue to state you are of the Commonwealth of Australia and they are trespassing – please leave now or show me your Commonwealth authority to remain.
5) Videotape the action if possible. There are many trespass cases, but these are the main High Court one: · Kuru v State of New South Wales  HCA 26 (12 June 2008) · New South Wales v Ibbett  HCA 57; (2006) 231 ALR 485; (2006) 81 ALJR 427 (12 December 2006) · Coco v R  HCA 15; (1994) 179 CLR 427; (1994) 120 ALR 415; (1994) Aust Torts Reports 81-270; (1994) 68 ALJR 401; (1994) 72 A Crim R 32 (13 April 1994) · Plenty v Gladwin  HCA 55; (1986) 67 ALR 26; (1986) 60 ALJR 665 (23 September 1986) · George v Rockett  HCA 26; (1990) 170 CLR 104 (20 June 1990) · Halliday v Nevill  HCA 80; (1984) 155 CLR 1 (6 December 1984) · Commonwealth v New South Wales  HCA 34; (1923) 33 CLR 1 (9 August 1923) You will note these are all CLR cases – that means Commonwealth Law Revue and indicates these are precedent cases. Watch out for the admin court judge as they ignore precedent cases. The major case is Plenty v Dillon, where in the court stated that when a policeman is asked to leave and has no lawful authority to remain – he is trespassing. Despite the Victorian Premier Andrews stating he is giving the police permission to enter without lawful authority – he can not, without it being illegal. This dictatorship means they are not of Commonlaw and are unlawful.