In New South Wales, a failure to comply with a lawful direction from a police officer or authorised person is an offence. The offence is governed under Section 39 of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) and carries penalties, including fines and imprisonment.

Police Directions

• Lawful Directions: Police officers and authorised persons can give lawful directions under LEPRA. Ignoring these directions may result in charges.
• Move-on Directions: Under Part 14 of LEPRA, police can order someone to move on if their behaviour in a public place is obstructive, causes fear, or is linked to drug-related activity.
• Intoxicated and Disorderly Behaviour: Failing to obey a move-on direction due to intoxicated or disorderly conduct can result in fines.
• Vehicle Directions: Section 39 covers failing to stop a vehicle when instructed by police.

Penalties for Non-Compliance

Failing to follow police directions can result in:

• Fines
• Imprisonment

Examples of Non-Compliance

Some situations that may lead to charges include:

• Refusing to stop a vehicle when directed by police.
• Ignoring a move-on direction in a public place.
• Obstructing a police officer while carrying out their duties.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

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