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

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?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.