This brochure covers some basic legal issues that can come up for
young people going to night clubs and pubs and when dealing
with bouncers. It also has some general information about your
legal rights and responsibilities in these situations. The information
in this brochure is not a substitute for legal advice. If you have a
legal problem or would like to know more, contact one of the legal
services listed on the back page.
Some General Rights:
- You have the right to be safe
- You have the right to seek free legal advice and counselling if you
are assaulted or if you believe you have been discriminated against
- You have the right to make a statement to police against anyone
who assaults you in a night venue
- As a victim of crime you have the right to counselling, support
and in some cases fi nancial assistance
Produced by RMIT Union Legal Service with thanks to the young
people who participated in the project, Youthlaw, The Federation of
Community Legal Centres - CLEWS Working Group and the Equal
Opportunity Commission.
Bouncers
The role of bouncers or private security guards is to protect patrons,
staff and the property of the venue.
- Bouncers are not police officers. They do not have powers that
police officers have
The power of arrest for bouncers is no more than the power that
every citizen has to hold someone until police arrive. The power
is limited to arresting someone found committing an offence
(caught red-handed), or where police have been called and have
said to do so.
- Bouncers can only use 'reasonable force' to do their job, such as to
control the situation. This does not mean they can assault you
- Bouncers must wear number identifi cation tags on the job
- Bouncers can refuse entry to any person based on ‘house rules’
but they cannot discriminate against you because of your race,
disability, sexual preference, gender or any other protected
attributes included in the Equal Opportunity Act 1995 (Vic). (There
are some exceptions so seek legal advice or contact the Equal
Opportunity Commisssion of Victoria on 9281 7100 if you believe
you’ve been discriminated against).
Case Example: After a few too many beers, Adam accidentally fell
into another patron. A bouncer who had been watching Adam
grabbed him from behind, dragged him to the door and pushed
him down the entrance stairs. The bouncer then picked Adam up
and threw him outside. Adam is charging the bouncer with assault.
Some Safety Tips
- If approached by a bouncer try to stay calm and avoid 'escalating' the
situation
- If ejected from a venue, try to leave in a taxi or travel along main
streets in view of witnesses
- After being ejected, avoid walking down quiet streets alone
- If a bouncer is approaching a friend, stay close to them and stay calm
- If a friend is ejected from a venue, go with them, make sure they are
safe and stay together
- Try to stay in sight of video surveillance cameras surrounding the
venue. These can be checked by police later
- Try not to drink excessively. Drinking too much can impair your
judgement, affect your memory of events if something does happen,
or make you an 'easy target'
What To Do If You Are Assaulted
- If you've been physically assaulted or verbally abused by a bouncer,
get the bouncers identifi cation number and their name
- Get the names and contact details of any independent witnesses. Try
to do this immediately because people can disperse quickly following
an incident
- If a crime is committed against you by another patron and you wish
to make a statement to police, report this to a bouncer, the manager
or licencee. Ask them to call the police and arrest the person until
police arrive
- Go to the nearest hospital with an Emergency Department to
get your injuries assessed, ensure you get any medical treatment
you need, and to have your injuries recorded by a professional for
evidence. Get photos taken if injuries are visible
- Contact a friend to provide support during the process: help you get
the information you need, take you to the hospital and assist you to
make notes before you forget
- Contact the police to report the assault
- Seek advice about your legal options from a Community Legal
Centre or Victoria Legal Aid. A lawyer can also assist you with making
a statement to police. (details are listed in this brochure)
- Seek counselling or other support if required. Services are listed in
this brochure
Some effects you might feel if you've been assaulted
- Scared and nervous to attend venues again
- Scared and nervous when you’re alone in public places
- Frustrated and angry
- Blame yourself because you were drinking or feel like you caused
the situation
- Continuing physical injuries
Legal Processes
There are a number of legal processes that could arise out of an
assault. Seek legal advice about the best option for you in your
circumstances.
Charging someone with a criminal offence
If you wish to make a statement to police against a bouncer
or another patron who has committed a crime against you, be
prepared to:
- Make an official written statement at a police station
- Find witnesses who will make statements to the police about
what happened
The police will then conduct an investigation. If there is sufficient
evidence to support the charges, the person may be charged:
- You may have to appear in court to give evidence supporting
your written statement
- If a Court decides that someone is guilty of a crime in which you
are the victim, in addition to a criminal penalty, they may make an
order against the perpetrator of the crime
Seeking victim compensation, payment of victim expenses or free counselling
If you are a victim and do not want to go through a criminal
process, you may apply to a Tribunal for Victim Compensation. The
law says you must have made a written statement to police about
the incident or have a good reason for not having done so. The
Tribunal decides whether a crime has been committed against you.
Produced by RMIT Union Legal Service with thanks to the young
people who participated in the project, Youthlaw, The Federation of
Community Legal Centres - CLEWS Working Group and the Equal
Opportunity Commission.