PSO Powers - Transport Act & Regulations

PSO’s have access to Section 218B of the Transport Act and S456AA of the Crimes Act to request a person provide their name and Address.

Another example of something required by law is Section 59(1A) of the Road Safety Act 1986. It says that a driver in a railway car park must, if told by a PSO, stop their vehicle, give their name and address, and show their driver’s licence.

Citizen’s Rights - No requirement to carry ID

Except in certain situations required by law, people do not have to carry identification. One exception is when driving a car—probationary drivers must carry their driver’s licence while driving.

PSO Powers

Most offences that PSOs deal with can be handled by giving an on-the-spot fine (an infringement notice). The power for police and PSOs to do this comes from the law, and for transport offences, it is set out in Section 212 of the Transport Act.

Section 218B of the Transport Act - Power to require name and address

Section 218B says that an authorised officer (AO), a PSO on duty at a designated place, or a police officer can ask a person for their name and address if they reasonably believe the person has committed, or is about to commit, an offence under this Act, its regulations, or the Graffiti Prevention Act 2007.

An authorised officer, PSO or member of the police force who makes a request under this section must

  • Tell the person why you believe they committed the offence, with enough detail so they understand what they are suspected of doing.

  • must, except in the case of a member of the police force os PSO who is in uniform

    • inform the person they are an authorised officer or member of the police force

    • state their name

    • produce proof that they are an authorised officer or a member of the police force.

    • *the above points apply to AO and plain clothes police officers

  • inform the person that a fialure to comply with the request or the provision of a false name or address is an offence.

  • A person must not, in response to a request made under this section by an AO, PSO or police officer —

    • refuse of fail to comply with the request.

    • state a name that is false in a material particular.

    • Give an address that is not their real home or business address.

Note: you do not have to see the offence committed yourself for this power to be activated (giving you more leverage than Section 458).

Section 218B(6) - Demand evidence of correctness (ID)

Section 218B(6) allows a PSO to ask a person/offender to prove their name and address are correct. If the person has ID, they must show it when asked, unless they have a reasonable excuse not to.

If the person first gave their name and address by showing ID, the PSO is entitled to ask for more documents if that ID doesn’t include all the needed details. If the person can’t provide more proof, the PSO should try other ways to confirm their details—like checking police records, vehicle information, or, as a last option, calling a family member or someone who knows them.

Any item provided as a means of verfication must be examined to check its authenticity and to make sure it belongs to that individual.

Section 219 - Power to arrest without a warrant

Section 219 of the Transport Act allows a police officer, a PSO on duty at a designated place, or an authorised officer to arrest someone if they reasonably believe the person has committed an offence under the Transport Act or the Graffiti Prevention Act 2007.

The member or officer may without warrant arrest the person if the member or officer believes on reasonable grounds that the arrest is necessary for any one or more of the following reasons -

  • Prevent the continuation of the offence

  • Ensure the appearance before court

  • Preserve public order

  • Safety of the member of the public

Example 1:

A PSO hears someone swearing on a platform, which is an offence. The PSO tells the person to stop, but they keep swearing loudly. The PSO warns them they may be reported if they continue, but the person still keeps swearing. The PSO asks for their name and address, which they provide and confirm, but they continue using offensive language. The PSO warns they will be arrested if it continues, but the person still does not stop. The PSO then arrests the person because they kept using offensive language after being repeatedly told to stop.

The section under which the arrest is made is Section 219 of the Transport Act, ‘to prevent the continuation of the offence’.

Section 220 Transport Act - Power to remove offenders

A member of the police force, a PSO on duty at a designated place, or an AO may summarily remove a person and their property from -

  • any vehicle owned or operated by or on behalf of a passenger transport company or a bus company

  • any premises or property of a passenger transport company

    • the circumstances are -

      • danger or annoyance to the public

      • hindrance to any member of the police force or any PSO, any AO, or any employee engaged by a passenger transport company.

Regulation 59 - Power to request a person to leave the vehicle or premises

Regulation 59 - An authorised person may ask a person to leave a public transport vehicle if -

  • The person enters the vehicle when it is too full to carry any more passengers in a safe manner.

  • The person stays in a doorway, vestibule, corridor, or walkway of the public transport vehicle after being told by an authorised person to move.

  • The person is using indecent, obscene, offensive or threatening language.

  • The person is behaving in an indecent, obscene, offensive, threatening, disorderly, riotous, or violent manner.

  • The authorised person reasonably believes that the person’s clothing or luggage could likely dirty or damage property belonging to the transport company, rail operator, bus company, Rail Track, or anyone else.

  • The person enters, boards or attempts to enter or board the public transport vehicle after being asked by an authorised person not to do so.

Section 6 Summary Offences Act - Power to move on

Section 6 - A member of the police force or PSO on duty at a designated place, may give a direction to a person or persons in a public place to leave the public place, or part of the public place, if the member or officer suspects on reasonable grounds that -

(condensed) A police officer or PSO on duty at a designated place can tell a person or group to leave a public place, or part of it, if they reasonably suspect that -

  • the person is, or persons are breaching, or likely to breach the peace

  • the person is, or persons are endangering, or likely to endanger the safety of others

Appendix A - Methods of identification of a suspect

  • Drivers Licence

  • Learner Permit

  • Shooter’s Licence

  • Identity card i.e student ID

  • Health Care card

  • Pension Card

  • Credit Card

  • Bank Book

  • Myki card (personal)

  • Telephone call