An employee of RailCorp tried for several minutes to block my view of the altercation, telling me I wasn't allowed to film and that it was a "security breach". One of the station managers also approached me and told me "no photos". When I told him I was a journalist he said, "you can do what you want", and walked out of shot.
Transit officers have no special powers to arrest like police do. Their right to arrest is the same right that any ordinary citizen has, and is derived from s 100 of the Police (Powers and Responsibilities) Act 2002. It's what's commonly referred to as a "citizens arrest". Under s 231 of the same act persons making an arrest may only "use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest".
Transit officers may have arrest powers if they are appointed special constables, which gives them arrest powers. None of the officers involved in this incident identified themselves as special constables. The question then is whether what I filmed was a "reasonably necessary" use of force.
It didn't stop there though. After a few more minutes transit officer badge number 5277 (he wouldn't give me his name) approached me and said, "At this point in time I'm going to inform you that you cannot place that on the internet. You can film it for your own personal use but if it turns up on the internet, it's an illegal act ... We're not giving you permission to use it".
He told me that I was in breach of the "communications act" and that it was unlawful to publish the material. There is absolutely no legal substance to this claim — in fact, there is no such thing as the "communications act".
Later, this same officer returned and said, "At this point in time can I get your name and address please". When I asked why, he said it was because I was filming. Once again, this request had no legal basis. Transit officers can demand the names and addresses of individuals they believe to have committed a railway offence, but they do not have the extensive identification powers that police possess.
The attempts to dissuade me from videoing the events continued though, and the transit officers' team leader, officer 8109, can be heard telling me: "You haven't got permission to film or photograph anyone in this area. You cannot take photos of uniformed people without their permission". Once again, this statement is untrue and has no legal basis. In fact if you are in a public place then for the most part you can film or photograph whatever you want. There are, however, restrictions on recording private conversations to which the recorder isn't a party under the Listening Devices Act 1984 NSW.
your a champ, fuck city rail and those transit dogsssssss/!!!!!
Nathan22341 1 day ago
cant place that on the internet ha ha ha ha ha go and get fucked you cunt im a free man and my grandfather died for such freedoms and so will i against cock sucking cunts like you who do not deserve good language fuck off.narcissistic psychopathic personality's
ShaneDawson225 4 days ago
PM me the location, date and time of this. This sort of bullshit is unbelievable. The two arresting officers seemed to be doing things fine, but it's the actions of the thugs trying to stop you filming that's reprehensible.
bashpr0mpt 5 days ago
There are, however, restrictions on recording private conversations to which the recorder isn't a party under the Listening Devices Act 1984 NSW. <-- Freshen up on your case law bro. That shit went out the window a decade ago; originally it fell to consent of one party, meaning you could record conversations that you were involved in, then it was argued that participation could be chipping in a word then recording, then eventually it became impossible to enforce. Film and record. Always.
bashpr0mpt 5 days ago
@crem1ant oh, there you go again... Spewing your idiotic rantings. Seriously though, you're a fool. Do your self a favor and get an education.
FAILUSERNAMELOL 6 days ago
@anthonyjthorne Watching our Law enforcement doing a great job makes me a proud aussie.
Aussie Aussie Aussie oi oi oi ;)
HangMartinBryant 6 days ago
@HangMartinBryant Fuck yaaaaa, this video makes me proud to be a proud Australian, and makes me wish every Aussie had a flip-cam to continually film our law and order on the job. Aussie Aussie Aussie, Oi Oi Oi.
anthonyjthorne 6 days ago
@crem1ant Your should be You’re (repeatedly), a should be an (first sentence), youd should be you’d, captures should be capture etc. Do you want me to tell you how to make a sandwich and tie your shoelaces as well, you fucking moronic cretin? That noted thanks for bringing me back to this awesome video again where I can watch one of Youtube's true legends doing a fine job with his camera, we need more chaps like him on every Metlink corner filming the staff 24/7, it's the Australian way.
anthonyjthorne 6 days ago
@anthonyjthorne where's the spelling mistake?
crem1ant 6 days ago
@emanon86 well what did he do? he may have just robbed someone...you think he's going to go without a fight?
crem1ant 6 days ago