Question – Police Policy Towards Rough Sleepers

August 25, 2022

Questions asked by the Hon Meg Webb MLC on 29 July 2022 and answered by the Minister for Police, Fire and Emergency Management on 23 August 2022  

Questions:

1. What is Tasmania Police’s current policy and practice towards Tasmanians ‘sleeping rough’, specifically those determining any ‘move on’ actions?;

2. Do any ‘move on’ policies and practices require Tasmania Police to consider safety of the ‘rough sleeper’, for example perceived safety sheltering in well-lit areas versus dark locations?;

3. How many ‘move on’ actions have been directed by Tasmania Police this calendar year?; and

4. Are demographic statistics recorded of homeless and/or rough sleeping individuals requested to move on, including gender, ethnicity and age, and if so, please provide these details for the period of this calendar year?

Answers:

Question 1:

  • It is important to highlight that it is not an offence to be homeless or to ‘sleep rough.’
  • Tasmania Police, under the Police Offences Act 1935 s15B (dispersal of persons) can direct a person to leave a place, but under specific grounds, namely:

(1) A police officer may direct a person in a public place to leave that place and not return for a specified period of not less than 4 hours if the police officer believes on reasonable grounds that the person:

(a) has committed or is likely to commit an offence; or
(b) is obstructing or is likely to obstruct the movement of pedestrians or vehicles; or
(c) is endangering or likely to endanger the safety of any other person; or
(d) has committed or is likely to commit a breach of the peace.

(2) A person must comply with a direction.

Question 2

  • Directions to leave a public place are based on the criteria provided in the answer to Question 1.
  • Tasmania Police always considers the safety of an individual when deciding on directions they may make.

Question 3

  • Information for ‘move on’ directions are recorded in an officer’s notebook. Statistics of this type are not recorded in police systems.

Question 4

  • Statistics of this type are not recorded. Move on directions are based on the criteria provided in the answer to Question 1, not on whether a person is homeless or ‘sleeping rough’.

 

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