Criminal trespass

In Queensland, you have the right to privacy in your home or at your business. If a person violates this right, they may be committing the offence of trespass.

When to get legal advice

Get legal advice if you if someone has entered your home or business without permission.

How to get legal advice

Under the Summary Offences Act, a person must not enter, or remain in someone’s house or yard, or business premises without their permission, unless they have a lawful reason to be there. The maximum penalty for trespassing in Queensland is 1 year imprisonment.

An example of people who may have a lawful reason to enter someone’s house or yard, or business premises, include the following entering as part of their work duties:

  • police and ambulance officers
  • a door-to-door salesperson
  • authorised industrial officers.

Police will use discretion when deciding to charge a person with trespass. Generally, police will give you a reasonable opportunity to explain why you entered the relevant place. If you have a reasonable explanation, you may not be charged with an offence.

How to get legal advice

We may give legal advice on criminal trespass and home invasions.

 

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Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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