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Safe at home? Here's why Aussies want stronger protections against intruders

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By Athena E.
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News & Politics

Safe at home? Here's why Aussies want stronger protections against intruders

devon-mackay-fhU7X34rCAE-unsplash.jpg Safe at home? Here's why Aussies want stronger protections against intruders
A fresh push in parliament could put parts of this state's self-defence laws under the spotlight. Image source: Devon MacKay/Unsplash

When you've spent decades building a life in your own home, the thought of someone breaking in during the night is more than just unsettling - it's a violation of everything that should be sacred. For many residents, especially seniors, this fear has become an unfortunate reality as home invasions continue to make headlines across the nation.



Now, one state MP is pushing for significant changes to self-defence laws that could give homeowners much clearer legal protection when confronting intruders. But what would these changes actually mean for everyday Australians, and how can you best protect yourself and your family under the current legal framework?



In this Article



The Growing Concern



The state of Victoria recorded 25,915 home burglaries in the latest available data, representing an increase of 2,653 from the previous year. More concerning still, aggravated residential burglaries - those involving weapons or occurring when residents are home - rose by 18.4% over a twelve-month period, from 5,093 to 6,031 incidents.



The human face behind these statistics tells a troubling story. Police have identified that youth offenders are responsible for approximately half of these aggravated burglaries, often targeting homes during daylight hours when they believe properties are unoccupied.










'At the moment, in Victoria, there's some exemptions for self-defence in your home, but we want them to look at strengthening that so that people who are defending their own home against violent criminals have more peace of mind that they won't get into trouble themselves.'

David Limbrick, Libertarian Party MP




The confusion many homeowners face isn't without merit. Victoria's current self-defence laws, codified in Section 322K of the Crimes Act 1958, require two key elements to be met. First, you must believe that your conduct is necessary in self-defence, and second, your conduct must be a reasonable response in the circumstances as you perceive them.




Source: 9 News Australia/YouTube



This creates what legal experts call a 'two-limb test' - one subjective (what you honestly believed was necessary) and one objective (what a reasonable person would consider appropriate in the same circumstances).



The challenge lies in the interpretation. Unlike some other jurisdictions, Victoria doesn't provide special legal protections for actions taken in your own home. This means the same legal standards that apply to self-defence on the street also apply when someone breaks into your house at 2 AM.




Current Legal Rights in Victoria


Under Section 322K of the Crimes Act 1958, you can legally defend yourself if:


• You genuinely believe your actions are necessary for self-defence


• Your response is reasonable given the circumstances as you perceive them


• You're protecting yourself, another person, or preventing unlawful imprisonment


• Your actions are proportionate to the perceived threat


Important: The law doesn't require you to retreat in your own home, but it doesn't provide special protections either.




David Limbrick, the Libertarian Party MP pushing for reform, wants Victoria to adopt something similar to the UK's approach to home defence. Under the UK law, householders who use disproportionate (but not grossly disproportionate) force to defend themselves or others in their homes are not regarded as acting unlawfully.








'In the United Kingdom, they've got what they call 'castle doctrine', where effectively if someone comes into your home and you defend yourself against an intruder, then you're pretty much protected from harm as long as you don't do anything egregious,' the MP stated.



This doesn't mean a free-for-all - even under castle doctrine laws, you still can't use excessive force or set traps for intruders. But it would provide clearer legal protection for homeowners who act instinctively to protect themselves and their families.



The Reality Behind the Statistics



While the rise in aggravated burglaries is concerning, it's worth putting this in context. Contrary to popular belief, 58% of home invasions occur during the daytime, specifically between 10 AM and 3 PM, when most residents are at work or running errands.




h-co-_Ht9Gs3MZck-unsplash.jpg
Data suggest that most home invasions happen in broad daylight. Image source: H&CO/Unsplash




Interestingly, youth offender rates have actually decreased from 1,847 to 1,764 offenders per 100,000 persons aged between 10 and 17 years. However, those who do offend are increasingly involved in more serious crimes, including aggravated burglary.



For seniors specifically, the statistics present a mixed picture. According to the Australian Housing and Urban Research Institute, 78 to 81 per cent of over-55s want to age in place, making home security an increasingly important consideration as we grow older.









Did you know?


Did You Know?
Most burglars enter through the front door (34%) or first-floor windows (23%), and many don't even need to break anything - 15% enter through doors or windows that were left unlocked. This highlights how basic security measures can be surprisingly effective.



Practical Steps You Can Take Today



While politicians debate legal reforms, there are immediate steps you can take to improve your home security and personal safety.



Start with the Basics



Deadlocks continue to be the most sought-after security method with more than 55% of Australians surveyed installing deadlocks in their homes. High-quality deadbolts on all exterior doors remain your first line of defence.



Lighting Makes a Difference



Motion-activated lights and dusk-to-dawn lighting are simple additions that both deter intruders and reduce fall risks for seniors navigating their property at night.









Technology That Actually Helps



Modern security technology has become much more senior-friendly in recent years. Video doorbells allow you to see and speak with visitors without opening the door, while smartphone apps can send alerts if doors or windows are opened unexpectedly.



Smart home systems aren't just for tech enthusiasts anymore. Many are designed with larger buttons, clearer displays, and simple voice commands that make them accessible for older adults who may not be comfortable with complex technology.




jakub-zerdzicki-DUml2bEfLLg-unsplash.jpg
Smart security tech is now easier than ever for older Australians to use and enjoy. Image Source: Jakub Żerdzicki/Unsplash



The proposed reforms aren't without controversy within legal circles. Some experts worry that loosening self-defence laws could lead to unnecessary violence or vigilante justice. Previous similar laws have been 'strongly opposed by then-Director of Public Prosecutions Paul Rofe, QC, and lawyer Marie Shaw, who is now a District Court Judge'.




However, supporters argue that the current system leaves too much uncertainty for homeowners who find themselves in frightening situations. The proposed reforms aim to shift this to a 'reasonable belief' standard, focusing on the individual's perception of the threat at the time. Advocates argue that the changes are not about encouraging vigilantism, but about removing the fear of prosecution for individuals acting legitimately in self-defence.




'The key to successful self-defence law reform lies in clear and concise legislation that provides guidance without creating loopholes. Education and training are also crucial to ensure that individuals understand their rights and responsibilities.'

Dr Eleanor Vance, Criminologist, University of Melbourne



Building Community Connections



One often-overlooked aspect of home security is community engagement. Neighbourhood Watch programs, while perhaps not as prominent as they once were, still provide valuable connections with neighbours who can keep an eye on your property.



Many local councils also run home security workshops specifically designed for seniors, covering everything from basic door and window security to understanding your legal rights if the worst should happen.



Don't forget that Home Insurance not only covers your house and personal possessions against loss or damage caused by natural disasters including storms and fires but also theft and attempted theft. Make sure your coverage is adequate and up-to-date, particularly if you're upgrading security systems or have valuable items.




Essential Steps for Better Home Security



  • Install quality deadlocks on all exterior doors and windows

  • Add motion-activated lighting around your property

  • Consider a simple security system with monitoring

  • Keep doors and windows locked even when you're home

  • Get to know your neighbours and local community groups

  • Review your insurance coverage annually

  • Understand your current legal rights to self-defence




Looking Forward



Limbrick said he will this week move a motion in parliament calling on a formal review of existing self-defence laws by the Victorian Law Reform Commission. Whether this review proceeds, and what recommendations it might make, remains to be seen.









In the meantime, Attorney-General Sonya Kilkenny maintains that current laws are proportionate and continues to encourage Victorians to contact police in emergency situations.



Regardless of what happens with legal reforms, your best protection comes from:


1. Taking practical security measures now


2. Understanding your current legal rights


3. Having emergency plans in place


4. Staying connected with your community


5. Keeping informed about any legal changes


Remember: The goal isn't to live in fear, but to live with confidence and appropriate preparation.





Emergency Contacts and Resources


In an Emergency:

Call 000 immediately


Victoria Police Non-Emergency:

131 444


Seniors Rights Victoria:

1300 368 821


Home Security Advice:

Contact your local council about senior safety workshops


Legal Advice:

Victoria Legal Aid 1300 792 387





What This Means For You


The debate over self-defence laws highlights a fundamental tension in our society - balancing the right to feel safe in your own home with ensuring our legal system remains fair and proportionate. While politicians and legal experts work through these complex issues, the most important thing you can do is take practical steps to protect yourself and stay informed about your rights.



Your home should be your sanctuary, not a source of anxiety. With the right preparation, knowledge, and community connections, you can maintain both your independence and your peace of mind, regardless of what changes may or may not come to Victoria's self-defence laws.




What security measures have you found most effective in your home? Have you had any experiences with home security that other readers might learn from? Share your thoughts and experiences in the comments below.



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This is a really hard topic.
By defending yourself you could actually end up worst than not defending yourself.

I know for a lot of people it would be a normal instinct to do so.

There has been a few home invasions around us recently and our family have discussed this. Hubby said he would definitely defend our family and our home. My sons have said the same thing.

I know my sons are not people to take lightly but intruders are usually in numbers and have weapons. They break in while your asleep.

As for being charged if you injure or even kill an intruder that needs to be fixed

Also if an intruder injures themselves while on your property then goes and claim compensation, that definitely needs to be changed
 
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Personally, I believe that if somebody gets injured while breaking into somebody else's property, I think stiff bickies.
They shouldn't be there, full stop.
The onus is on the home owner to determine the amount of force you are allowed to use to defend yourself or your property.How are you supposed to know what is going on in their head.
So if someone breaks into my home I need to say, "oh excuse me. Can you tell me if you are planning to rob me, assault me, rape me or murder me. I need to know so I can make sure I don't respond inappropriately.
I recall many years ago a person was breaking into someone's bedroom via the window. The home owner slammed the window down on the intruders arm and broke it. The arm, not the window.
The intruder sued him and won.
The law is an arse.

I guess you're supposed to let them in, give them your valuables, perhaps offer them a cup of coffee while you have a discussion on their intentions.
 
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Suzanne rose said:
“As for being charged if you injure or even kill an intruder that needs to be fixed

Also if an intruder injures themselves while on your property then goes and claim compensation, that definitely needs to be changed”
Click to expand...
I agree 100%!
 
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mylittletibbies said:
“Personally, I believe that if somebody gets injured while breaking into somebody else's property, I think stiff bickies.
They shouldn't be there, full stop.
The onus is on the home owner to determine the amount of force you are allowed to use to defend yourself or your property.How are you supposed to know what is going on in their head.”
Click to expand...
I learned a long time ago that “justice” is just a word where the laws are concerned. It’s very unjust to victims.
 
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Previous similar laws have been 'strongly opposed by then-Director of Public Prosecutions Paul Rofe, QC, and lawyer Marie Shaw, who is now a District Court Judge'.
I guess this Judge is one of the many that grant bail over and over to the repeat offenders, each time saying.. " naughty boy. don't you go doing things like that again."
In the meantime, Attorney-General Sonya Kilkenny maintains that current laws are proportionate and continues to encourage Victorians to contact police in emergency situations.

Is she delusional?
 
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glennkidd said:
Previous similar laws have been 'strongly opposed by then-Director of Public Prosecutions Paul Rofe, QC, and lawyer Marie Shaw, who is now a District Court Judge'.
I guess this Judge is one of the many that grant bail over and over to the repeat offenders, each time saying.. " naughty boy. don't you go doing things like that again."
In the meantime, Attorney-General Sonya Kilkenny maintains that current laws are proportionate and continues to encourage Victorians to contact police in emergency situations.

Is she delusional?
Click to expand...
Obviously. Same here in WA.
I have an out of control neighbour who makes a habit of driving through the colourbond panels of her fence, screaming and yelling obscenities, at all hours of the day and night.
We have been told to ring the police when this is going on but on most occasions no one answers . There are currently seven smashed panels. All in the last 3 or 4 months.
One good thing that has happened though is that the welfare has intervened and her four very young children have been removed
Sad to see a family broken up but definitely not a safe environment for children.
 
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I go by the protectionist doctrine:-

"KILL OR BE KILLED".

Ask no questions, take no prisoners. I have no hesitation in doing it again.
 
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Veggiepatch said:
I go by the protectionist doctrine:-

"KILL OR BE KILLED".

Ask no questions, take no prisoners. I have no hesitation in doing it again.
Click to expand...
Years ago I had a friend who was a police officer. He said to me on many occasions that he felt the laws were always in the favour of the culprit, not the victim, especially in the instance of home invasions where the culprit sues the victim. He said sometimes they come up with the most outrageous stories and get away with it. The court seems to forget that they were breaking into the victim's house.
He then said to me "remember if you need to defend yourself. Dead men can't tell tales".
We were once sued by a chap who had had a disagreement with my husband. He came back late at night and jumped our brick wall, because the gates were locked and jumped right into our very angry Doberman. We had two signs on our gate BEWARE OF THE DOG, HE REALLY DOES BITE and DO NOT ENTER
WITHOUT OWNER PRESENT.

The judge found in his favour saying the signs were an admission that we knew the dog was dangerous. He was fine if you were supposed to be there, not if you were breaking in.

We appealed and got another judge with a completely different point of view.
This guy has been to our place previously and the dog had taken no notice of him because we were there, my husband was talking to him and the dog knew he was supposed to be there.
Therefore this guy knew we had the dog and thought he'd be OK comjng over the fence. He wasn't

The judge found in our favour, saying there were two warning signs he knew we had a guard dog and we weren't responsible for his stupidity.
 
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Suzanne rose said:
This is a really hard topic.
My defending yourself could actually end up worst than defending yourself.

I know for a lot of people it would be a normal instinct to do so.

There has been a few home invasions around us recently and our family have discussed this. Hubby saud he would definitely defend our family and our home. My sons have said the same thing.

I know my sons are not people to take lightly but intruders are usually in numbers and have weapons. They break in while your asleep.

As for being charged if you injure or even kill an intruder that needs to be fixed

Also if an intruder injures themselves while on your property then goes and claim compensation, that definitely needs to be changed
Click to expand...
The article says ring police in an emergency well first I get asked a series of questions by a bot then music for ten minutes by which time the criminal has long gone.
 
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mylittletibbies said:
Years ago I had a friend who was a police officer. He said to me on many occasions that he felt the laws were always in the favour of the culprit, not the victim, especially in the instance of home invasions where the culprit sues the victim. He said sometimes they come up with the most outrageous stories and get away with it. The court seems to forget that they were breaking into the victim's house.
He then said to me "remember if you need to defend yourself. Dead men can't tell tales".
We were once sued by a chap who had had a disagreement with my husband. He came back late at night and jumped our brick wall, because the gates were locked and jumped right into our very angry Doberman. We had two signs on our gate BEWARE OF THE DOG, HE REALLY DOES BITE and DO NOT ENTER
WITHOUT OWNER PRESENT.

The judge found in his favour saying the signs were an admission that we knew the dog was dangerous. He was fine if you were supposed to be there, not if you were breaking in.

We appealed and got another judge with a completely different point of view.
This guy has been to our place previously and the dog had taken no notice of him because we were there, my husband was talking to him and the dog knew he was supposed to be there.
Therefore this guy knew we had the dog and thought he'd be OK comjng over the fence. He wasn't

The judge found in our favour, saying there were two warning signs he knew we had a guard dog and we weren't responsible for his stupidity.
Click to expand...
Never mind the dog,
BEWARE OF THE OWNER!
 
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I've told this story before.

A couple of years ago my son was out in Cronulla with his cricket mates. They were walking to the car when one of my sons friends was king hit from behind and the perpetrator then went on to kick my sons friend in the head.

My son pulled the dude off his friend when this drunk dude hit my son. My son then gave it to this imbecile.

Police came, and arrested the perpetrator and my son.

My son went to court and got off with a huge fine and 12 months good behaviour. This was my sons first and last offence and he had character references from Moris Iemma , an ex Australian cricket captain and The Mayor of Rockdale.

The Perpetrator went to court on a different day and got 12 months good behaviour and a less fine than my son and apparently it wasn't his first time.

My son was asked, would you do it again. He replied , do you think I would stand there and see a mate or anyone else attacked ?? Of course I would do it again
 
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mylittletibbies said:
Years ago I had a friend who was a police officer. He said to me on many occasions that he felt the laws were always in the favour of the culprit, not the victim, especially in the instance of home invasions where the culprit sues the victim. He said sometimes they come up with the most outrageous stories and get away with it. The court seems to forget that they were breaking into the victim's house.
He then said to me "remember if you need to defend yourself. Dead men can't tell tales".
We were once sued by a chap who had had a disagreement with my husband. He came back late at night and jumped our brick wall, because the gates were locked and jumped right into our very angry Doberman. We had two signs on our gate BEWARE OF THE DOG, HE REALLY DOES BITE and DO NOT ENTER
WITHOUT OWNER PRESENT.

The judge found in his favour saying the signs were an admission that we knew the dog was dangerous. He was fine if you were supposed to be there, not if you were breaking in.

We appealed and got another judge with a completely different point of view.
This guy has been to our place previously and the dog had taken no notice of him because we were there, my husband was talking to him and the dog knew he was supposed to be there.
Therefore this guy knew we had the dog and thought he'd be OK comjng over the fence. He wasn't

The judge found in our favour, saying there were two warning signs he knew we had a guard dog and we weren't responsible for his stupidity.
Click to expand...
We had a Siberian Husky who we would let run around in the front yard. We would never put a sign on the fence as we were told if she bit someone then the sign is showing we knew she was dangerous 😳 she was just a big playful puppy.
 
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Old timer said:
The article says ring police in an emergency well first I get asked a series of questions by a bot then music for ten minutes by which time the criminal has long gone.
Click to expand...
Same when you call an ambulance
 
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I agree that property owners require better laws to protect themselves and loved ones when in their homes.
Having one’s home robbed (and it has happened to me) is bad enough, but being threatened with a deadly weapon must be terrifying. The law is currently in favour of the criminals and with Allan’s only solution being to ban machetes, home owners need to be able to protect themselves
 
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Suzanne rose said:
This is a really hard topic.
By defending yourself you could actually end up worst than not defending yourself.

I know for a lot of people it would be a normal instinct to do so.

There has been a few home invasions around us recently and our family have discussed this. Hubby said he would definitely defend our family and our home. My sons have said the same thing.

I know my sons are not people to take lightly but intruders are usually in numbers and have weapons. They break in while your asleep.

As for being charged if you injure or even kill an intruder that needs to be fixed

Also if an intruder injures themselves while on your property then goes and claim compensation, that definitely needs to be changed
Click to expand...
Yes….The last two points that you made, absolutely need to be revised….I mean, someone is in your house illegally, but legally you can’t really do anything about it, that’s unacceptable….
 
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I feel reasonably safe in my home. When we first came to this house in 1990 my husband was still working - a marine engineer at sea (often on overseas runs from 4 weeks to four or six months at a time) - so for my protection we installed a back-to-base monitored security system. For the first few years I had a wooden rod beside my bed, just in case! and would sleep with the door locked from the inside when I was alone. We also have an external door to our bedroom from which I would be able to escape if needed. We feel quite safe now but I feel for those who are so violently attacked defending themselves, their family and their home.Something must change in favour of the victims and not the offenders. Judges are too soft on them.
 
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Catherines said:
I feel reasonably safe in my home. When we first came to this house in 1990 my husband was still working - a marine engineer at sea (often on overseas runs from 4 weeks to four or six months at a time) - so for my protection we installed a back-to-base monitored security system. For the first few years I had a wooden rod beside my bed, just in case! and would sleep with the door locked from the inside when I was alone. We also have an external door to our bedroom from which I would be able to escape if needed. We feel quite safe now but I feel for those who are so violently attacked defending themselves, their family and their home.Something must change in favour of the victims and not the offenders. Judges are too soft on them.
Click to expand...
It took me a good few years, when we came to Australia, to calm down from the crime we lived with, in South Africa.

After being held up by 3 men at gunpoint in my driveway, having my next-door neighbour and their Maltese almost clubbed to death, and his wife and daughter locked in the pantry, another two elderly sisters in their late 70s raped, murdered friends `attempted break-ins and carjackings...etc, etc,

Forward over 25 years in Oz... I am more afraid now than before...!!!!
Mostly, because I am too weak to fight back, a lot of the time alone at home during the day, not allowed protection for myself and most of all, the government doesn't give a $%!+!"!

I suggest we all hold thumbs that this brain-dead, SOB Prime Monster and his B*tch, don't take in all the Palestinians that no one else wants (and for good reason - ask their neighboring brothers).
Good Luck to all!!!!
 
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mOiOz said:
It took me a good few years, when we came to Australia, to calm down from the crime we lived with, in South Africa.

After being held up by 3 men at gunpoint in my driveway, having my next-door neighbour and their Maltese almost clubbed to death, and his wife and daughter locked in the pantry, another two elderly sisters in their late 70s raped, murdered friends `attempted break-ins and carjackings...etc, etc,

Forward over 25 years in Oz... I am more afraid now than before...!!!!
Mostly, because I am too weak to fight back, a lot of the time alone at home during the day, not allowed protection for myself and most of all, the government doesn't give a $%!+!"!

I suggest we all hold thumbs that this brain-dead, SOB Prime Monster and his B* , don't take in all the Palestinians that no one else wants (and for good reason - ask their neighboring brothers).
Good Luck to all!!!!
Click to expand...
I agree with you about safety. It is scary that now even in shopping centres (think Sydney and Melbourne in recent times) assaults on people are becoming more frequent by those with mental issues and a grudge against their parents, partners and others. We cannot always protect ourselves from those hell bent on hurting others but we have to try. I hope that, should the need arise, my security alarm will literally scream inside and outside for a minimum of 5 minutes in the event someone breaks in. We turn it on when we leave home and at night and get a notification on my phone that the system is on/off or has been activated in the event of a break-in. We have two fobs that we can also activate if needed. It is an expensive way to keep ourselves safe from these morons without a conscience but I’m glad we went down this path well over 20 years ago when our children had left home and I was alone with hubby at sea.

I hope all of you on this site can stay safe and the justice system wakes up and adequately punishes the perpetrators of crime and not the victims..
 
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