News · Criminal law explainer
What is a move on direction in NSW?
A move on direction is a common police power, used at pubs, protests, stations, and public gatherings. In New South Wales it comes from the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). This note explains when police can give a direction, what makes it lawful, how long it can last, and what happens if a person does not comply.
By Aaron Kernaghan · Published 3 September 2026
A move on direction is an order from police telling a person to leave a public place, or stop doing something, for a set time. In NSW police can give one under LEPRA only in defined circumstances, such as where a person is obstructing others, harassing or intimidating people, or their behaviour is likely to cause fear. The direction must be reasonable, and refusing to comply without a reasonable excuse is an offence.
What is a move on direction?
A move on direction is a direction by a police officer to a person in a public place to leave the place, or to stop the conduct in question, for a reasonable period. It is a way for police to manage a situation without arresting anyone.
The direction has to be about behaviour, not simply about a person being present. It is aimed at conduct that is causing a problem, not at moving people on for no reason.
When can police give one?
LEPRA allows a direction where an officer believes on reasonable grounds that a person's behaviour or presence is, for example, obstructing another person or traffic, constituting harassment or intimidation, causing or likely to cause fear to another person, or is for the purpose of unlawfully supplying or obtaining a prohibited drug. There are also specific powers relating to intoxicated and disorderly behaviour in public.
The officer must have reasonable grounds tied to one of these situations. A direction given without such grounds may not be lawful.
What makes a direction lawful?
For a direction to be valid, police must generally tell the person the reason for it, and the direction must be reasonable in the circumstances. A direction cannot be used to stop a person doing something they are lawfully entitled to do, such as a lawful protest, merely because it is inconvenient.
The direction lasts for a reasonable period only. It is a short-term tool to deal with a situation, not an open-ended ban from a place.
What happens if you do not comply?
Refusing or failing to comply with a lawful move on direction, without a reasonable excuse, is an offence carrying a fine. Continuing the same conduct after being moved on can also lead to further action.
Because the offence depends on the direction being lawful, whether police had the grounds and gave a proper direction can be the real issue if a person is charged.
What should you do if you are given one?
The practical course is usually to comply and raise any concern later. Arguing on the spot rarely helps and can escalate the situation into an arrest. You can ask the officer for the reason for the direction.
If you believe a direction was not lawful, or you have been charged with failing to comply, get advice. Our note on detention without arrest and on public order offences cover related powers and charges.
Frequently asked.
What is a move on direction?
A direction by police telling a person in a public place to leave, or to stop certain conduct, for a reasonable period. In NSW it is given under LEPRA in defined circumstances.
When can police give a move on direction?
Where an officer believes on reasonable grounds that a person's behaviour or presence is, for example, obstructing others, harassing or intimidating people, causing or likely to cause fear, or connected with supplying or obtaining a prohibited drug.
Can police move me on from a protest?
A direction cannot be used simply to stop lawful conduct, such as a lawful protest, because it is inconvenient. It must be based on the grounds in LEPRA and be reasonable in the circumstances.
What happens if I refuse a move on direction?
Failing to comply with a lawful direction, without a reasonable excuse, is an offence carrying a fine. Whether the direction was lawful is often the key question if you are charged.
How long does a move on direction last?
For a reasonable period only. It is a short-term power to manage a situation, not an open-ended ban from a place.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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