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Exclusion Order
I need an exclusion order to prevent a specific individual from entering my residential property due to ongoing harassment and safety concerns. The document should outline the legal basis for the exclusion, specify the duration of the order, and include any necessary enforcement details.
What is an Exclusion Order?
An Exclusion Order is a legal directive from Australian courts or authorities that bans someone from entering specific places or areas. These orders commonly restrict access to venues like pubs, clubs, shopping centers, or entire neighborhoods - particularly when someone has caused trouble or poses a safety risk.
The order gives police and security staff clear powers to remove or arrest anyone who breaks these restrictions. You'll often see these used alongside intervention orders in domestic violence cases, or by gaming authorities to keep problem gamblers away from casinos. Breaking an exclusion order is a serious offense that can lead to fines or jail time.
When should you use an Exclusion Order?
Consider seeking an Exclusion Order when immediate action is needed to protect people or property from harmful behavior. Common situations include keeping aggressive patrons away from licensed venues, restricting access for known shoplifters from retail centers, or preventing problem gamblers from entering gaming facilities.
Law enforcement and venue managers often request these orders after repeated incidents or when standard security measures prove inadequate. They're particularly valuable in domestic violence cases to keep offenders away from specific locations, and for businesses dealing with persistent troublemakers who ignore verbal warnings or trespass notices.
What are the different types of Exclusion Order?
- Venue-based Exclusion Orders: Commonly used by pubs, clubs, and casinos to ban disruptive patrons from entering specific premises
- Police-issued Exclusion Orders: Enforced by law enforcement to restrict access to public areas or neighborhoods following criminal behavior
- Gaming Authority Orders: Specifically designed for problem gambling cases, restricting access to betting venues and casinos
- Domestic Violence Exclusion Orders: Used alongside intervention orders to keep offenders away from specific locations like homes or workplaces
- Shopping Center Bans: Retail-focused orders that prevent known thieves or troublemakers from entering commercial premises
Who should typically use an Exclusion Order?
- Law Enforcement: Police officers issue and enforce Exclusion Orders, conducting arrests when violations occur
- Venue Managers: Nightclub, pub, and casino operators request and help enforce these orders against problematic patrons
- Security Staff: Responsible for identifying excluded persons and preventing their entry to restricted areas
- Courts: Issue and modify orders, particularly in domestic violence or criminal cases
- Gaming Authorities: Create and maintain exclusion registers for problem gamblers
- Excluded Persons: Must comply with order restrictions or face legal consequences
How do you write an Exclusion Order?
- Identity Details: Gather full legal name, photo, and physical description of the person to be excluded
- Location Specifics: Define exact premises, boundaries, or areas covered by the order
- Incident Documentation: Collect evidence of behavior warranting exclusion, including dates and witness statements
- Duration: Determine appropriate length of exclusion based on severity of incidents
- Service Method: Plan how the order will be delivered to the excluded person
- Enforcement Details: Specify which authorities will enforce the order and consequences of breaches
- Review Process: Include any appeal rights or review procedures available to the excluded person
What should be included in an Exclusion Order?
- Identity Section: Full legal name, photo, and identifying details of the excluded person
- Restricted Areas: Clear description of all premises or locations covered by the order
- Time Period: Specific start and end dates of the exclusion period
- Legal Authority: Citation of relevant Australian legislation granting power to issue the order
- Breach Consequences: Clear statement of penalties for violating the order
- Appeal Rights: Explanation of review procedures and timeframes
- Service Details: Documentation of how and when the order was served
- Authorisation: Signature and details of the issuing authority
What's the difference between an Exclusion Order and a Restraining Order?
While Exclusion Orders and Restraining Orders both aim to protect people and property, they serve distinct legal purposes and operate differently in Australian law. Understanding these differences helps choose the right legal tool for your situation.
- Scope of Restriction: Exclusion Orders typically focus on specific venues or locations, while Restraining Orders protect specific individuals and can cover multiple locations
- Application Process: Exclusion Orders can be issued by venue operators or authorities directly, whereas Restraining Orders require court approval
- Duration: Exclusion Orders often have fixed terms tied to specific incidents, while Restraining Orders may last indefinitely or until modified by court order
- Enforcement Focus: Exclusion Orders primarily involve security staff and police, while Restraining Orders engage broader law enforcement and court systems
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