VIC What can and cant security gaurds do in shopping centres and public dosabled toilets?

[adav6638]

I was shopping at a mall in Vic and had to use the restroom, I'm disabled and usually must use these toilets.
I also have an escooter and whilst inside decided to plug it into an empty power point above my head (the other one was occupied with what looked like the air conditioner thing above the door).
Halfway through my toilet use (2 minutes in) someone started banging on the door saying they are security and 'we can see that you are using the power point, you must stop it now and go outside use that one in the corridoor'. I repeatedly said why I'm using the toilet and can't at the moment. A couple minutes later the returned doing the same thing and at this point got really mad and violent, forcing the door open.
I jumped up and went to close it and sustained wrist injuries when he purposely began pushing it open and repeatedly slamming it into me. I was still trying to pull my pants up.

I immediately called 000 on the line reporting this then left sine the policestation was right next door thankfully and reported it.

Are the allowed to this?
Am I doing anything illegal?

I'm complaining and after waiting at the hospital for scans now will sue them for false imprisonment when standing at the door not letting me out and also assault. Possibly some breach of privacy too for forcing themselves in when I was using the toilet.

 

[lostinspace]

Well, your technically stealing by using power without authority from what your saying. But at the same time using force to remove you may not be reasonable, if that is what happened.

I do not know for sure, but I would wager that the guard would have been much happier to be sitting in an office having a warm drink as opposed to what seems like a confrontational situation. And I doubt you were entirely co operative. The employers set what they must respond too. Checking bathrooms is a common requirement it seems.

Perhaps both sides should move on, any injury was accidental it seems. All the best.

 

[adav6638]

I disagree and will provide updates to what happens next.
Are you serious how is it stealing power?? There are power points all around in the mall and food court for customers to use and he even said 'you can use the power point in the corridor'.
This is going to court.

 

[lostinspace]

I am not interested in arguing with you, you asked, I gave a reply.

If you had no authority to take power or use the power point in the bathroom, then you took that power without any authority, you can call it what you like, you were asked not to do this, but you thumbed your nose it seems (from your own writing, I have no dog in this fight). You caused the incident it seems.

 

[lostinspace]

Also, you may find the power points are there for devices and for cleaning purposes, not actually for people to use as they like, perhaps I should park my Tesla there and fill up too ? rhetorical Q, point is, you seem to be making assumptions & your own account shows the guard asked you not to do what you were doing. Shopping centres often do not even allow people to park anymore without $ - they seem to like to collect $, it is a long bow to think they provide power points for the public to have at it, it is probably not practical to lock them all or turn them off.

And the ones they do allow people to use I am sure have some caveats, and will be marked. Do you even know who pays the bill on the power point you started using ? again, rehetorical.

 

[MDaB]

I find it highly unlikely that you will win at court. Can you prove a direct correlation between injury and actions by the guard. False imprisonment won’t be an option based on what you have said here, as he asked you to leave.

Questions:

What sort of e-scooter do you have?
How long does it take to charge ?
Do you have a medical condition that affect bowel movements?

My point being a person doesn’t plug an e-scooter in for 5 minutes. And based on a bit of research/ common sense you MAY not withstand scrutiny. Thereby discrediting yourself.

 

[lostinspace]

Me thinks that we will not hear anymore, especially if it does not go the way some expect......

 

[adav6638]

Hi thanks for replying yes you will hear from me, I am enjoying this website a little too much as it makes excellent 'unofficial' case law examples for others interested and remains on the public archive indefinitely.

My scooter is 200w, 15kmhr Max so legal to use without a license. When I'm out all day and the battery wastes I have no other options than to charge it for at least 5 minutes which would last a few good hundred or so meters (better than nothing). They didn't tell me to leave the whole premise but restroom and said I can use their sockets outside, etc.
I'm serious about this and attached a photo of them who think they can literally back me into the corner behind closed doors and nooone will find out!! I wonder how many times this sort of abuse by authority figures occurs such as in prisons, etc. It is appalling.


My scans found nothing significant unfortunately.

 

[MDaB]

Hi thanks for replying yes you will hear from me, I am enjoying this website a little too much as it makes excellent 'unofficial' case law examples for others interested and remains on the public archive indefinitely.

My scooter is 200w, 15kmhr Max so legal to use without a license. When I'm out all day and the battery wastes I have no other options than to charge it for at least 5 minutes which would last a few good hundred or so meters (better than nothing). They didn't tell me to leave the whole premise but restroom and said I can use their sockets outside, etc.
I'm serious about this and attached a photo of them who think they can literally back me into the corner behind closed doors and nooone will find out!! I wonder how many times this sort of abuse by authority figures occurs such as in prisons, etc. It is appalling.


My scans found nothing significant unfortunately.

Out of interest, it looks like you are in a baby changing room?

 

[adav6638]

Out of interest, it looks like you are in a baby changing room?

Definately not a baby changing room. It was a disabled toilet about 5m by 3m with a toilet, sink and hand dryer. There was a bin and on the floor a bloody bandaid and piece of paper with what appeared to be chopped marijuana and a pen with ink removed so clearly it is used by druggies and the security guards are not even doing there jobs by keeping these people out yet instead target us innocent ones. Why even have security guards? I work in the supermarket and the guards there go whole shifts without stopping theft and crime and I literally have the data on how much gets shoplifted each day/week and no person is ever caught.