Why you DON'T have to tell police the reason you're outside or driving around this Easter: Lawyer busts myths about social distancing laws
- Police powers expert says Australians don't have to tell officers why they're out
- NSW Police does not have the power to force you to explain where you're going
- Officers can only demand your name and address to issue you a fine
- 151 people - including man going for a walk - have been issued fines in the state
Police don't have the power to force you to explain why you're out and about this Easter according to a legal expert - but you might still get a fine.
Jane Sanders, a defence lawyer with more than 25 years' experience, said Australians still have the right to remain silent despite new social distancing laws.
'The police don't actually have any new powers to stop people or make people answer questions, or any extra power of arrest,' she said.
Police are enforcing Australia's social distancing lockdown but a leading criminal defence lawyer says New South Wales residents don't have to answer police questions about what they're doing outside
New South Wales has been cracking down on people breaching new social distancing laws to slow the spread of coronavirus.
So far 151 people have been fined $1,000, including a Bathurst man, 41, who simply took a morning walk - but gave officers 'several different excuses' for why he was outside.
Queensland, Victoria and other states have introduced similar laws with on-the-spot fines of up to $13,000.
Share this article
Under NSW's tough restrictions, residents can only leave their homes if they come armed with one of 16 reasonable excuses.
Those excuses include food shopping, going to work, exercising, caring for a loved one, donating blood, obtaining medical care, or attending a wedding or funeral.
Ms Sanders, principal of Sydney's The Shopfront Legal Centre, said the new laws don't give police any special powers to force residents to justify their movement.
'Police can come up to you and ask you questions, anytime, anywhere,' she said. 'But in most situations, nearly all situations, you don't have to answer their questions.'
Other government agencies have got involved in ushering away loiterers. An environmental protection agency worker at Cronulla beach
That's because of a central legal principle: the right to stay silent and not incriminate yourself.
Under the Public Health Act, police who have a reasonable suspicion the social distancing guidelines have been breached can stop a citizen and compel just two things from them - their name and address, so a fine can be issued.
'Whether you're on foot or in a vehicle - they cannot just stop you for the purpose of investigation,' Ms Sanders said.
'They can't stop you for the purpose of asking you 'who you are' or 'where you're going.'
6,024 Australians have tested positive to the coronavirus and 51 people have died - but the number is vastly lower than the rest of the world
Solicitor Jane Sanders is an expert in police powers under the law
'They cannot lawfully stop you unless they're intending to proceed against you for an offence, or they're intending to search you under reasonable grounds'.
Australians are being urged not to travel around the country or visit regional areas, for the sake of reducing community transmission of the coronavirus.
Ms Sanders said it may sometimes be in peoples' best interests to answer police questions.
But she said while police 'can ask you questions ... you don't have to answer' - even while driving.
'They can't stop you for the purpose of asking questions and they can't detain you for the purpose of asking questions.'
Any fines under the public health laws can be fought in court, and defence lawyers often advise it's best to 'say nothing' than help police incriminate you.
Daily Mail Australia approached the New South Wales Police Force for comment, but a spokeswoman simply said the law speaks for itself.
