Declared Public Precincts
What is a Declared Public Precinct?
A Declared Public Precinct is a strictly defined area that has been proclaimed to give certain powers to police to maintain public safety and order in that area.
Where are the Declared Public Precincts?
Where is the Declared Public Precinct?
The area to be a Declared Public Precinct is contained within the boundaries of:
- Northern boundary of North Terrace to western boundary of West Terrace; and
- Western boundary of West Terrace to southern boundary of Currie Street; and
- Southern boundary of Currie Street to eastern boundary of King William Street; and
- Eastern boundary of King William Street to northern boundary of North Terrace.
The stated geographical area has been described as ‘City West’ for ease of reference.
When is the Declared Public Precinct operational?
SA Police has identified a heightened risk to public safety and order during the hours of 6.00 pm and 6.00 am each Friday and Saturday. The City West Declared Public Precinct will therefore be operational from:
- 6.00 pm to 6.00 am each Friday and Saturday.
The Declared Public Precinct will commence from 6.00 pm on Friday, 1 July 2022 until declared otherwise or until 6.00 am on Sunday, 25 June 2023, whichever occurs sooner.
What does this mean?
To maintain public safety and order, SA Police are able to do the following in the Declared Public Precinct:
- Conduct a metal detector search of a person and any property in their possession for the presence of weapons.
- Carry out general drug detection in relation to any person within the precinct.
- Order a person / group posing a risk to public safety and order to leave the declared public precinct.
- Ban a person who commits an offence of a kind that may pose a risk to public safety and order, or behaves in an offensive or disorderly manner within the precinct (for up to 24 hours).
- Remove children from the declared public precinct who are in danger of physical harm or abuse, behaving in an offensive or disorderly manner, or otherwise committing or about to commit an offence.
These powers give police the ability to issue expiation notices for offences within the geographic area or to issue barring orders covering the precinct. These are similar to, but in addition to, licensed premises barring orders.
If you are subject to any of the above, you are legally required to comply with the officer’s direction.
What are the maximum penalties involved?
A person who is barred, but enters or remains, in the Declared Public Precinct is guilty of an offence which carries a maximum penalty of $2500.
A person who is ordered to leave, but remains, re-enters, or attempts to re-enter, the Declared Public Precinct is guilty of an offence which carries a maximum penalty of $1250.
A person can also be issued with a $344 expiation notice (Expiation fee $250 + $94 Victim of Crime Levy) for behaving in an offensive or disorderly manner within the Declared Public Precinct.
A person who carries an offensive weapon or dangerous article within the Declared Public Precinct is guilty of an offence which carries a maximum penalty of $10,000 or imprisonment for two years.
Why was this introduced?
The changes to the Summary Offences Act 1953 were enacted to maintain public safety and order in a defined area for which there is a reasonable likelihood of conduct in the area posing a risk to public safety and order and that the area is reasonable having regard to the identified risk.
A ‘declared public precinct’ determination for the ‘City West’ area will significantly enhance the ability of SA Police to appropriately manage conduct that poses a risk to public safety and order for members of the community using this area.