on 08-01-2014 06:32 PM
?
Do you object to BAG INSPECTIONS at stores?
Do you object to staff asking to inspect your bag? (they are only doing their job)
Will you shop at a store that asks to inspect your bag or will you go elsewhere?
Do bag inspections and security checks help to stop shop lifting and keep prices down?
If you object WHY?
Do you think that objecting to a bag inspection makes a person look guilty or they are guilty?
Rememer that its a condition of entry at just about every major /medium/small store in Australia
on 11-01-2014 09:29 PM
@acacia_pycnantha wrote:
@bright.ton42 wrote:Just read that link - apparently they have to be sure you have stolen something and they can 'use reasonable force'.
so they have to be sure.
Yes, they must be very sure. In fact they must be certain, otherwise they risk a successful lawsuit for assault if they restrain you, and for wrongful imprisonment.
you mean battery?
there is a difference between restraining and detaining.
on 11-01-2014 09:37 PM
on 11-01-2014 09:37 PM
Battery is striking.(and is an assault) Unlawful physical restraint is assault. and may also be unlawful imprisonment.
on 11-01-2014 09:39 PM
@amber-eyed-girl wrote:
just out of interest, if it is a condition of entry, yes, it has been mentioned here it should be displayed where you can see it, prior to said entry.
local Woolies has it at every checkout on the candy displays. none on any entry.
so only at the exits.
The conditions of entry should be displayed where they can be seen and read before entering a shop. otherwise, how can folks make an informed decision to enter or not?
on 11-01-2014 09:44 PM
NSW Fair Trading
on 11-01-2014 09:45 PM
on 11-01-2014 09:46 PM
@amber-eyed-girl wrote:
just out of interest, if it is a condition of entry, yes, it has been mentioned here it should be displayed where you can see it, prior to said entry.
local Woolies has it at every checkout on the candy displays. none on any entry.
so only at the exits.
yeah, there are cases that cover that, the ticketing cases, which cover where car parks have to display their terms and conditions etc.
there are two approaches
1) you haven't yet proceeded through the checkouts. If you proceed through the check outs then you agree to thiose terms. (ever truied to leave a coles or woolies without going through the checkout? even if you don't end up buying anything? It's not paRTICULARLY EASY.
2) What a reasonable person would expect....
on 11-01-2014 09:47 PM
@acacia_pycnantha wrote:The Conditions of Entry are usually worded in a way that any reasonable person would undertand the implications. The shop owners usually consult Fair Trading Guidelines. Displaying misleading signs, would be in breach of Fair Trading laws
The conditions of entry signs are worded like this . . . . "it is a condition of entry that you present your bags for inspection when asked"
the implication is that the store wants to look inside those bags. the implication is that this looking into bags is also a condition of entry.
but it is not.
The condition of entry is that bags be presented or made available for inspection.
Any reasonable person will understand what inspection of bags means. It does not mean having an xray vision, it means that the contents of the bag will actually have to be shown.
When a shopkeeper asks if they can check a bag, any reasonable person will open the bag, because they understand the purpose of inspecting the bag is to make sure the bag does not contain stolen goods.
I understand that you do not want your bag to be inspected and that you understand that the shopkeepers are not allowed to touch it. I understand that that is the reason why you ask them to do so. It is because you know they are legally not allowed to do that.
I understand that you are suggesting this tactic to others because it has worked for you. What you also need to make them aware of is that, if a shopkeeper ask them to open the bag so they can see inside it (inspecting the bag) and if they refuse, the shop owner can revoke the agreement under which they entered the premises. They need to be aware that the shop owner can refuse them entry and the only option to dispute that would be to take legal action having to prove discrimination. They need to be aware of both sides' rights and responsibilities. It is actually not as complicated as some may think.
on 11-01-2014 09:51 PM
@acacia_pycnantha wrote:what is the point in typing the same thing over and over again.
Having the patience to explain a concept to people who have learning difficulties? 😉
I used to get paid for that.....
on 11-01-2014 09:55 PM
@amber-eyed-girl wrote:
exactly. it would be interesting to see whether they would really have the right to look or detain in that instance, if they had any refusals.
if you wanted to pursue it, you'd find they would be in the wrong. it might be a good idea to write to the management informing them of their responsibilities. Personally, I would do that. It would really bother me LOL