Sheriffs & Bailiffs
In Australia, "Sheriffs" are officers of the court who enforce civil judgments and warrants for unpaid fines. Their powers are different from the police.
Can they enter my home?
The short answer: Yes, but with strict rules.
Unlike police who often need a criminal warrant, Sheriffs executing a Property Seizure and Sale Order can enter your property through an unlocked door or gate. In many states, they can use 'reasonable force' to enter if you have been given notice.
What can they take?
- ✕ Necessary household items (clothes, beds, fridge).
- ✕ Tools of your trade (up to a certain value).
- ✓ Luxury items, cars, electronics, jewelry.
Enforcement by State
Each state has a dedicated agency that handles fine enforcement.
- NSW: Revenue NSW (Sheriff's Office)
- VIC: Fines Victoria
- QLD: SPER (State Penalties Enforcement Registry)
- SA: Fines Enforcement and Recovery Unit
The Entry Power (NSW Example)
Under the Civil Procedure Act 2005, a Sheriff's officer may enter premises to seize property. They should always identify themselves and show you the warrant. If you refuse entry to a garage or shed that isn't the main house, they can often use force to enter those outbuildings.
Do not obstruct a Sheriff
Assaulting or hindering a Sheriff's officer in the execution of their duty is a serious offence that can result in imprisonment. If you dispute the debt, you must do so through the Court or the Enforcement Agency, not at the doorstep.