Legal question: Bag checks when the T&C sign is obscured

I have no issue with stores which clearly display the terms and conditions of entry and happily comply with bag check in that case. (or as I am a very private person, I leave it outside)

However I assume they have no legal right to demand a bag check if the sign at the entrance is obscured.

Which particular case or law requires that they have a clear and noticeable sign for conditions of entry? Is it even required? I'm familiar with the guidelines but not the actual law.

I want to complain to the Office of Fair Trading about Aldi banning me for pointing this out to them and not letting them see inside my bag. (Yes, I'm a jerk, but Australia is almost a perfect country and I see the encouraging of respecting people's rights as a way to make it even better)

Comments

  • +1

    It's the people like OP who think Australia is so perfect that make it little imperfect at times..this thread is totally meaningless!

  • Ive always found the bag checks kindof silly because I often have other stuff in my bag that could have been bought in the same store, and they only have a brief look. They never check that and I don't think they can do much about it if you didn't have a receipt. But I would be happier to volunteer my bag than be forced to so always volunteer, most of the time they don't want to look. In some countries they require you to leave your bag outside which I would never do so either don't go into that store or try and show them afterwards.

    I think they use commonsense probably, if your well dressed and not looking suspicious you would be less likely to get checked.

    In America I noticed they didn't check bags at the door but were very strict when you visit the toilet or fitting rooms you cant take bags in with you.

    In Bangkok they were laughing at me for offering to show them a receipt at the door when I left a department store! To them I guess they think someone white wont steal? also they sometimes scan bags on entry for security but don't do it for foreigners much! (But still carry a receipt in those places where you can end up in prison for an occasion of not having a receipt)

  • +1

    BTW Australia is far from perfect! :) Good in many ways but nowhere near perfect!

  • +2

    Probably not much point adding my 2 cents as pretty much everyone else has. but what the hell :P

    It is a common rule to just be polite and not making someone else's day harder. Working in retail myself I know from experience we don't give a flying stuff what you have in your bag, if you have nothing to hide then just show your bag.

    Aldi had all right to ban you!

    Oh btw seeming you are so private, you do know the same people that check your bag do see exactly what you buy. and I'm 99% sure they couldn't care less!

    I remember going trough airport security in the united states, that was extremely tough. I'd love to see what they would do to you when you refuse to co-operate lol

    • Airport security… yes!

      I was travelling on my own from Melbourne to Sydney by plane. Checked in and was then waved down by a woman doing random bomb checks on passengers at the terminal. She informed me of what she was doing, then asked me to open my bags. I thought it was pretty amusing (I was 21 at the time, dressed well, half asian, female with only one small carry on bag, not exactly the picture of terrorism lol), and I did exactly as she asked.. opened my bag, dug around to show her the general contents. Clothes, toiletries, books. Exciting stuff.

      I'd love to know how the OP and likeminded people handle situations like that at airports too lol.

      • +1

        Airport security officials are given particular powers by law, and trained and qualified to perform their duties.

        Shop employees have no such powers.

      • random bomb check…that's not so random
        every single time i leave Australia in last few years i was pulled over for "RANDOM" bomb check
        they will and do profile people going thru the gates

        • But what about the people who don't profile - you have now profiled Airport security staff.

        • not the staff
          just their policy

  • +2

    This is how the fight would go down in the USA. Freedom baby!

    http://consumerist.com/2010/01/11/walmart-holds-another-cust…

  • +4

    I often like to brighten up the day of "bag checkers" by selecting random items and putting them together in a show bag.
    The wife's 50 shades of grey book, some duct tape, lube and a feather duster raises a smile.

  • Honestly- the people in here who pander to the bag check people are ridiculous. There are many things that Aldi could do to reduce theft - more staff, cameras etc… They CHOOSE to make the assumption that all shoppers are criminals because it is expedient for them to do so.

    If a supermarket removed all checkout staff - but demanded full body cavity searches on leaving just in case you stole something would you allow it?! (I fear some in the thread would).

    • More staff and more cameras probably = increase in prices, you think aldis gonna pay for these? Nope, customer will.

    • only the people who enjoy that kind of search would shop at that supermarket ;)

  • -3

    I cannot believe this thread is still going??
    A big sulk over getting your bag checked… get a bloody life….!!

    Two simple questions for the people here who are crying over this….

    Q1. If you owned a self service shop would you check bags or just gladly let people pass through with no check?

    Q2. If the latter, would you please let us know where it is so we can help ourselves to some really sweet bargains. I will be the one with the suitcase on wheels.

    • A simple question for you: if you ran a shop and asked to see inside a customer's bag and the customer refused, what would you do?

  • +4

    Bag check policy is just that…a policy. It's not a Government legislated power or authority.

    Retail employees do not have a legislated power to search anyone's bags and rely on the co-operation of their customers to do so. Any person has every legal right to refuse having their bag(s) checked. It's up to each individual to make a choice on whether they comply with a store's policy or not.

    A store employee that prevents you from leaving their store simply because you have refused a bag check is committing false imprisonment and can be charged with it. They can however make a citizen's arrest if they see you stealing items from the store BUT…they have to catch you committing the offence otherwise it's a wrongful arrest and once again they can find themselves in a spot of bother with the law.

  • Just go to another Aldi, how serious do they enforce the ban anyway, do they have a wall of shame ? does an alarm come up when you use your card ? what if you just use cash and only look around. I imagine you'll only be asked to leave if someone recognises you

  • +3

    <MOD: personal attack removed>

    I dunno about you but I've never in my life thought "you know what would make Australia better? If people stopped asking me to check my bag if they didn't have a sign up specifically stating their intention to do so. Geez that'd be great. I can live with all the racists, bogans and old tight-ass conservative curmudgeons. But bag checks, by golly that puts a bee in my bonnet!"

    Honestly, they're just a business trying to minimise shop lifting which is a real problem. Seriously, what a douchebag. 'Perfect Australia' - this whole thread is what is wrong with Australia. We call ourselves 'laid back' and here we have a thread which is literally about minutia of the legality of bag checks.

    • Ageed ^
      OP and people whom agree with OP should move to other countries, where you would be shot or threatened with a weapon if you refused such a simple straight forward security procedure.
      I would take the ban from aldi anyday!

      OP you should really just do the right thing instead of finding loopholes to get around it. walk back into aldi ask for the store manager and bloody apologise for being a complete twat, and then move on with you life.

  • There are too many male responses in this thread. Obviously us guys mainly have no problems with bag searches - heck most of us don't even use bags, but women are different. Talk to your wives, girlfriends or even female friends and you will see a mixed response. You'll find that some (presumably like the OP) don't like the idea of a guy snooping in their private bags, checking out their range of female hygiene products (such as what type of tampos they use et al), and with that in mind, it wouldn't be a bad idea for stores to use female employees to conduct bag checks in the future. It will most likely make the situation more bearable all round.

    • Sorry but I don't want some female looking in my wallet to see I use extra large ribbed condoms!!
      And my response is as ridiculous as anyone elses who complains

    • +2

      I'm female and carry a handbag all the time, and I always open my bag as I'm walking out of certain stores (when there's someone standing at the door). It's effortless to just hold it open without breaking my stride. Almost every occasion, the store person or security will only glance inside, never a serious long look. If you're volunteering your bag to be inspected before being asked, it seems to make them less concerned that you could be concealing something.

      Only reason I preempt their asking to check my bag, is to stop them wasting my time if I try to walk out without offering to show my bag… and they stop and ask me to.

      As for whether I'm embarrassed about the contents of my bag - I never am. Who cares what I have in my bag, and whats more, why do I care what a stranger thinks… someone I more than likely will never see again in my life lol. Like I said before, they really don't seem too interested to have a proper look anyway (if you're already willing to show it to them).

      If people are really that uptight about other people seeing what they carry in their bags, like personal products gasp, then that seems somewhat irrational.

      • Exactly (Im'a female too). Plus there are zipped compartments in every handbag for sensitive items like personal hygiene stuff. Never in my life have I been asked to open those zipped pockets. Plus, its not like they stick their hand in your bag and inspect every single item and pocket in your bag.

        I don't think the bag checkers care if you have a kitchen sink or a bag of hair in your hand bag.

  • +2

    I don't see what being a private person has to do with them looking in your bag, and think you are using the privacy as an excuse for refusing….sorry
    They don't scrutinize the contents they just look in, so you are grossly over reacting

  • +4

    Case law says that if you have been to an establishment on a number of occasions and have reasonable knowledge of the T&Cs from prior visits then you are seen tho accept them regardless of you being able to see them or understand them on a single occasion.

    See Balmain New Ferry Ltd v Robinson (1904) 4 CLR 379

    At the end of the day though you're a pain in the arse who has no idea whatsoever of what your non existent 'rights' are. You either accept the terms of entry and go in or you don't and you go elsewhere.

    Get over yourself

    • +2

      That's for contract law though. T&Cs aren't legally binding without a contract and there's no contract for simply walking into a store.

      • -2

        Nope you're wrong. By entering the store in the past op was seen as accepting the terms of entry thereby entering into a contract to shop there.

        Read the case, it's very clear

        • +2

          Yep I'm right.

          A contract is formed where there is offer, acceptance and consideration. Entering a store does NOT make a contract. When you purchase good and services then a contract is formed and the T&C of entry can be implied or form a collateral contract but otherwise a person cannot be held to those terms and conditions.

          As for the case, there was a contract formed when he entered the wharf impliedly agreeing (acceptance) to pay money (consideration) under the terms and conditions (offer). This is a very famous contract law case, all law students study it as part of their intro to contract law class. It's kinda funny you're trying to argue that it isn't.

          Perhaps you can point out where the consideration is for me entering a shop without buying anything for a contract to be formed?

  • The point of checking all bags isn't to check if every person is stealing, but is generally used for the sake of consistency.
    Stores are not allowed to detain anyone without a security guard present, but if the door greeter doesn't check every bag, people who DO steal have an excuse, saying they are being targeted when other people weren't checked, then refuse to show theirs.

  • +1

    Very funny this thread.

    It is one thing that really shocked me when I came to Aus from the UK, that stores were legally allowed to inspect inside your bag. It is more of an inconvenience really to me than violating my personal liberties.

    I am actually impressed at the amount of people that refuse on here, as I do too. From my experience, Australians are better at accepting "that's just the way it is" than most countries. Maybe this is the laid back attitude Aussies are famous for overseas.

    I rarely get asked, but one of the first times an employee asked to see the bags under my childs pram. Now this pram had a section to put bags that was only accessible when the seat was in the toddler position - and it was in the baby position. I refused because there is no way I was waking my baby so a store could look in my bags. This is why I found out there is nothing they could do if I refused - short of asking me not to return (which is totally stupid unless I was genuinely suspected of stealing something).

    My main concern with the practice is, it doesn't actually stop shoplifting in any way. It just inconveniences normal shoppers. I am sure shoplifters know about bag search conditions, and anything stolen would surely be stashed out of view of a simple bag search.

    I am interested, of all the people on here that have worked in this capacity, have you ever caught a shoplifter while conducting a bad search (view is more accurate really).

    • It is not meant to "catch" shoplifters. It is probably more of a deterrent. Think about it, if you knew there might be cops around, are you less likely to speed?

      Same thing here, if you knew you could just take something and walk out, would you be more tempted than if you had an obstacle in your way?

      • But it is not an obstacle in any way. Someone that wants to shoplift still can, they either refuse the bag search, or put it in a part of the bag not visible when it is opened at the top.

        Most shoplifters I have seen just take it and run. By the time the security staff are alerted, the theif already has a huge head start.

        You cannot expect a door greeter to put their body on the line and confront a theif, considering most of the greeters I see are young women.

        Your analogy does not apply in any way to this situation. Having a greeter check bags just makes thieves potentially operate in a different way. But as I have said, most shoplifters of large items just smash and grab. Small items can be put in the pocket or down trousers, and no greeter is going near that hornet's nest of law suits.

        • But it is not an obstacle in any way. Someone that wants to shoplift still can, they either refuse the bag search, or put it in a part of the bag not visible when it is opened at the top.

          depends on the store and employee proving the presence, smash and grab theft occurs, but it's not as prominent as you seem to believe

        • Are you saying that the shoplifting of large items is mostly done by concealment?

        • best way to steal something large is to do it in plain sight without drawing attention to yourself

        • I suppose you are right now I come to think of it.

          I know most surveillance systems are such low quality, identification of a person enough for it to stand up in court is hard. I was told this by the police when we did some work for them. Luckily none of my businesses have a large retail space so I don't have to worry about that.

          If you can get to the exit un-noticed, it would be hard for most cameras to be able to identify you without any doubt.

    • When I was working at Dan Murphy's liquor during my uni days, I caught several shoplifters. Several had just stashed bottles in clear view inside their handbags, others stashed bottles down their pants (men).

      Some people will do it brazenly hoping that a shop assistant won't expect something so obvious and simple.

      • I can see that a bottle shop would have a high shrinkage rate due to size and relative expense of the items. Plus people that have alcohol problems by definition a lot of the time cannot feed their habit.

        Thanks for the information.

        Interestingly though, it is one place my wife and I have never been bag checked.

        • Yeah, we didn't routinely check people's bags by any means. Only time we did was when we suspected or knew that someone had concealed goods while in the shop (ie. another member of staff witnessed it, or another customer brought it to our attention before the 'thief' had left the store, etc).

          We wouldn't check under normal circumstances and I'd say that's the case at all Dan Murphy's. They're a pretty chilled out bunch that work there (in general, across all stores) :)

          Oh and re: the guys that stuffed bottles down their pants… in case anyone is wondering, no, we never laid a hand on them or asked them to open their pants lol. I'd just ask them politely to hand back anything they took from the store, and that they wouldn't be in any trouble (I'd just make a note of it later in our books). Either they'd simply hand back the bottle… or bolt out of the store. Doesn't hurt to try and retrieve the stock by asking first, though! There was one incident where a guy ran out the store so fast, he ran straight across the road in the path of a truck. Was inches away from being swept up, everyone was shocked.

    • +1

      It is one thing that really shocked me when I came to Aus from the UK, that stores were legally allowed to inspect inside your bag.

      Do understand that it is voluntary whether you show them or not - there is no law that says you must and they certainly do not have any "legal right to search".

      It's not illegal for a stranger on the street to ask if they can look inside your bag - you obviously do not have to let them.

      Same goes for the shop employee or security guard, no matter what signage or store policy is, them asking you to show inside your bag has as much weight as "would you like to upsize your order?"

      • Yes, but it is illegal for any retail shop in the UK to ask you, unless they have proof you have shoplifted something.

        I knew someone who got an out of court settlement from Marks & Spencers because she was chased down by a security guard who said she stole meat and asked to see in her bag. The funny thing is, she is a vegetarian and as it turned out, she was wearing similar clothes to the woman who did steal the meat.
        The security guard didn't detain her, or snatch the bag out of her hand. He just either asked or demanded to see in the bag.

        She got many thousands in a settlement, and this was in the early 90s. The figure of £10,000 is in my head but I cannot remember exactly. That is how much M&S wanted to keep this out of the papers.

        I guess it comes down to the illusion of innocent until proven guilty - we want this in most circumstances, but it is not always the way things work.

        • I dont understand, its like you come to their house (store) and it is illegal for me (owner or staff) to asking (or request) a question?

  • Some people refuse to comply just because they have a legal 'right' to refuse.
    Why do some people find it so hard to comply? Why do they have to prove a point?
    Rules / policies are there for a reason. You've entered a store, so you're a like a guest. Why is it so hard to comply with the rules? What do you really achieve? Just a selfish sense of defiance?

    Yes. You can refuse if you like. Good for you. You can walk on the wrong side of the footpath, you can drive slow in the fast line. You can use public toilets and piss on the seat. Good for you.

    There's a word for it. Look up Dennis Leary's song.

    • maybe they're right when they tell me i'm wrong? nah…

    • I agree, expediency is more important than civil liberties, people should stop being asses and learn how to be compliant so they don't inconvenience others.

  • Having a 3 week old rotten lunch in the bag is fun ;)

  • I tend to walk in and out of alot of shops with a country road bag.

    As i walk out of the store i slightly unzip(my bag), angle it towards the bag checker, 2 second glance and they are happy with that and so am i.

    The only time i have ever contended to them requesting to check my bag was when i saw people ahead of me with smaller sized bags i guess like a handbag and they let them passed but stopped me from my country road bag, and they just said given the size they aren't required to check the smaller sized ones(again referring to bags).

    To clarify i'm fine with bag checks as long as everyone treated the same =D

  • Pretty certain you have the legal right to refuse from memory having worked for Coles as a kid - they just ask to notify management. But then I guess it is their store they probably have the legal right to ban you if you don't follow their T & C. If you are such a private person and don't want to be faced with the issue - Why not just don't take a bag into the shop ??? Hell half of them barely look when you make an effort and intend to open your bag.

  • +1

    This was taken from the "Find Law" web page

    The law relating to bag searches

    A customer enters a store under licence and retailers are able to search any bags, containers, parcels, or other items that may potentially be used to shoplift, however, retailers must display a prominent sign at the entrance stating that a condition upon entering the store, is the intention to check bags.

    When a bag search is conducted no items are allowed to be touched with the retailer only able to look at the contents inside the bag. Customers do have the right to refuse to have their bag searched, but since a customer enters a store under licence, the retailer also has the right to ask a person to leave, therefore revoking the licence.

    It’s important to note that not only can a customer refuse to undergo a bag check but in the event that the store forcibly conducts a search against the person’s wishes, a retailer may potentially find themselves in trouble for assault.

    If a store has an absolute belief that a shop stealing offence has been committed, they can legally detain or search a customer but on the other hand if a customer has not stolen anything, the retailer may face an action of false imprisonment.

  • +2

    I used to be the guy who checked bags (I was about 16 years old) at a major 'junk store'.

    Signs are meaningless, but generally makes life easier for the store (people think it's a right of the store, if there's a sign).

    The store doesn't have a right to search your bag. They have a right to request, and hope you say yes.
    If you allow them, they'll welcome you in their shop. If you don't, they have the right to not let you in.

    Either way, it's YOUR choice to show your bag, it's THEIR choice to let you in the store.

  • +1

    I've finally worked out the OzBargain forums! It's like Whirlpool, but not just for technology! =D

    • +2

      Whirlpool forums aren't just for technology either:
      https://twitter.com/wp_alltrending

      WP has done 'bag check' threads to death too. In fact, OP made this same post there - it got eight replies before it was closed and pointed to one of the existing threads.

      • It was kinda a joke. :)

  • +1

    Considering how much shop lifting costs retailers and the fact those loses get added to the price of the products we buy, I don't see the problem.

    "Oh, no, the checkout person politely asked to look in my bag! My civil liberties are being violated!" Please. Do you think you're defending some essential liberty by making someone's job harder? It is the slightest of inconveniences. They're not demanding a cavity search.

    I happily show the contents of my bag and even have a receipt in my pocket if I've been to another store and offer to show them that, too. It takes the whole of 5 to 10 seconds. Usually just offering to show them satisfies them.

    But I guess unlike the OP I'm not a jerk and I don't live in some entitled fantasy where I can behave like a right shit and be smug about it.

  • +3

    This thread is actually legitmately going no where

  • Imagine the business was yours.

    Really, what would you do. Allow people to walk in and out if you have a theft problem?????
    Theft is a BIG problem for businesses and they must do their best to stop people stealing.
    So a quick check of your bag is no big deal. I bet if you owned the business and it was your money
    being stolen then you would react exactly the way other businesses do.

    There are worse things in society than a quick check of your bag while leaving a store.

    Relax - Enjoy life

    • -2

      No I'd install an RFID tag system instead of assuming my customers stole something by default.

      • This is ridiculous. Nobody is assuming you stole anything.

        When you go on public transport and your ticket gets checked, is it because the inspectors are "assuming" that you are fare evading?

        • The implication is there is such a possibility. Otherwise why would one check? Not easy to refute that logic

  • +1

    I am not familiar with the law, so I just express my point of view. I think technically customer can complaint to the fair trading office but you don't have a case here. Because when you claim your rights, Aldi has its own rights too- to ask the customer who refuse bag check leave the shop and not return.

    I believe in most cases, the function of bag check is to stop the crimes of passion. The security at gate is like a wake up call to help the shoplifter to have a second thought. So, normally this check is just a formality process. The security guy is satisfied with a peak at your bag or notice your gesture of cooperation. But if you refuse the check, they might utilize their rights to ask your leave and not return forever. Hence it is a lose-lose result.

    So, when you go to a store, try to be cooperative. If you value your privacy so much, just try to be friendly. Because when you enjoy the rights, you have your responsibilities as well.

  • I work Casual at Big W, and I'm the "Bag Checker" most of the time. Please understand that when I am seen not checking a bag I will get in trouble, if I get caught a few times I will get fired. So please put your petty privacy issues aside and just let me check your bag as per store entry conditions, or I will not let you in the store next time! Moral of the story, If you are going to be a prick then so will I! (mostly to protect my job though)

    • +2

      Surely you don't regard a polite and friendly refusal as 'being a prick'?

      • Yes I still regard it as being a prick, for all I know the polite and friendly person is stealing. It is not difficult to show your bag, nor does it take much time. I know I just take a quick glance and use maybe a second extra of your time. As for privacy, seriously, what have you got to hide in your bag… If there is such ghastly stuff in your bag that you cannot show it openly then you should probably go home and have a think about your life :/ Everyone should be treated the same, meaning everyone should have their bag checked. If you don't like the store policy then don't shop there, quite simple. I mean at least 95% of people don't have a problem with showing their bags, its just a few people that get all uppity about it, and its mostly old ladies, so if you are a man doing this, then go have a think about how you are behaving :/

    • +3

      Please understand that when I am seen not checking a bag I will get in trouble, if I get caught a few times I will get fired.

      Bollocks dude. They can't fire you over that, and if they threaten to or actually do, then I think everyone here would agree you could contest that easily. I always offer to show my bag in stores like Big W, but I also know that people can refuse to show you… and that's beyond your control. At that stage, you escalate it and notify your manager of a refusal. It's still not YOUR problem or fault if people refuse.

      They can't fire you over it lol. Don't be afraid of your employee like that.

      • Yea maybe, but they can still make a fuss about it, it would just be easier on me if everyone played along. I am allowed to refuse entry if a person is known to have breached store policy of not showing bags, which I don't really want to do, so just play along for both our sakes… or I will be forced to blacklist you.

      • I remember beind told off for looking over a pram as the mother left the store , apparently the dopey 2ic didn't think I could see everything, so the next pram I had I needed to stop to be thorough as told, that was one of the mums that got offended I asked to check her bags. I think timing comes into a bit, but you aren't to know if people are having a tough day…

  • +1

    LOL, couldn't sleep, came on ozbargain, read this, LOL'd, facepalmed that I just spent 5 minutes reading this pointless thread, and now I'm off to bed again. thanks op

  • This has got to be the most pointless thing i've read all week.

    Come on OP surely it isn't that hard to just flash your bag and show them, It takes as much as 5 seconds to open show and walk off.

    THEN WE WALK OFF IN SEARCH OF MORE BARGAINSSSSSSSSSSSSS !

    =]

  • How does a store enforce a banned customer policy ?
    Is customer banned from entering or purchasing ?
    How do they ID him/her ?

    • They tell them to leave. That they are trespassing and police will be called. If they say it's not them, they can show ID to prove they are not.

      • I think geek is asking how the ban is enforced on an ongoing basis. Big city, banned from a shop, would they still remember four months later.

      • I meant - How do they even remember the face ?

        Maybe two or three people may have interacted with the banned visitor when they were banned.

        How would they explain the identifying features to the rest of the employees of the store ? Without any photos.

  • Never in my life would I have thought to see to a thread about the ethics and morals regarding a bag check…

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