Move on orders by police or authorised officers

Victoria Police, protective service officers (PSOs) or local laws/authorised officers who work for local councils may issue people with move on directions, also referred to as move on orders or notices to comply.  

Police or PSOs

Police have the power to direct someone in a public place to move on if they suspect on reasonable grounds that a person is or may: 

• Breach the peace 
• Endanger the safety of someone
• Cause injury to person 
• Damage public property 

A ‘public place’ includes: 

• any public thoroughfare, including roads, bridges and footpaths 
• parks, gardens and other places of recreation 
• train stations
• public transport 
• places of worship, such as churches 
• government schools 
• theatres and other entertainment venues 
• licensed premises 
• racetracks and sports grounds. 

PSOs can issue a move on direction if the person is at or near a ‘designated place’. A current list of designated places can be found under Public Notices on the Victoria Police website.

The power to issue move on directions is given to police and PSOs under s 6(1) of the Summary Offences Act 1966 (Vic). The police or PSOs can give this direction verbally to your client. The direction may order your client not to return to the public place for up to 24 hours. 

It is a criminal offence not to follow a move on direction without a reasonable excuse.  

Failing to follow a move on direction from a police officer or PSO may result in your client receiving a fine or being charged with a criminal offence which would require them to make a court appearance. 

If your client thinks a direction issued to them is unfair, they can follow the direction and submit a complaint later. Your client should get the officer’s name, rank and badge number. See more on complaints below. 

Local Laws officers

Local laws within various councils may allow authorised officers to issue move on directions, also called notices to comply, to people in certain circumstances for a specified duration. Some councils have homelessness protocols which provide further guidance to officers on their engagement. 

Belongings 

Some local laws empower local laws officers to remove belongings. Usually, notices direct a person to remove property if the property causes a nuisance, affects amenity, interferes with use or enjoyment of a public place, or annoys or obstructs another person. If the direction to remove the property is not complied with, an authorised officer may confiscate and impound the property. 

• Items unattended that impact amenity, public enjoyment or are a security risk will be removed by authorised officers.  
• Personal items may be stored by the council for a limited time (for example 7 days).
• Other belongings are disposed of. 

Move on powers and exclusion orders 

Authorised officers may issue a direction to move on from a public place if the authorised officer is of the opinion that a person has breached the local law. For example, by causing a nuisance, indecent or offensive act or camping in a public place.   

A move on direction (notice to comply) may exclude a person from the area they have been moved from. A move on direction (notice to comply) may also be issued in addition to an infringement notice (ie fine).   

Can a move on direction be challenged?  

If you think your client may have been issued a move on direction in unfair circumstances, by an officer engaging in misconduct and/or in a manner that is discriminatory, they may wish to lodge a complaint or challenge the direction. Your client can do this in the following ways (this list is non-exhaustive): 

• Police/IBAC complaint: Lodging a formal complaint against the police officer or PSO who issued the direction. For example, you can make a complaint directly to Victoria Police or the Independent Broad-based Anti-Corruption Commission, through the Victoria Police website.
• Council complaint: Making a complaint to the local council for directions issued by authorised officers, usually via the council website.
• Ombudsman complaint: If a council complaint is not satisfactorily resolved, a complaint may be available to the Victorian Ombudsman. Find out more about this process on the Victorian Ombudsman website.
• Further legal action: In particularly severe circumstances, there may be grounds to consider civil litigation against the agency or officer who issued the move on direction. This might involve considerable time and cost and should be discussed with a lawyer.  

Steps workers can take

If the move on direction restricts access to essential services (e.g. meals, healthcare, etc.), you should connect your clients to a homelessness service for advocacy and support. 

You should maintain existing communication channels with the relevant council/police to enhance their understanding of issues impacting your clients. 

Where can my client get more help?

Legal services

The following services might be able to provide advice and assistance if your client has been issued with a move on notice by council workers, private security or Victoria Police/PSOs: 

• Victoria Legal Aid: Legal Help can give advice over the phone, or via an online chat service. 
• Community Legal Centre: Your client’s local CLC might be able to provide some advice. Find your client’s local CLC. 
• Victorian Aboriginal Legal Service: a generalist legal service for Aboriginal and Torres Strait Islander peoples in the following legal areas: criminal, discrimination, tenancy, fines, family law and family violence.     

Other support services 

• Housing and homelessness support: If your client is in crisis and needs somewhere to stay they should contact their local housing access point.   

See our referral page for legal support and other support options. 

The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in May 2026. See full disclaimer and copyright notice.