NSW Protection from Criminal Charges and Lawsuits for Using Force Against Intruders; Government Must Pay Legal and Medical Costs if Person Is Found Not Guilty

Crimes Amendment (Use of Force Against Intruders) Bill 2026

Private Member's Bill

23 Sep 2026: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Council

Legislative Assembly

Assent

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Topics

civil immunity criminal justice criminal liability criminal penalties home security physical force property protection property rights public safety self defence self defense +6 more

Introduced by: Mark Banasiak MLC (SFFP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Owners or occupants of premises can use physical force to stop an intruder from causing death or serious harm; they can also use force to stop an intruder from committing an offence inside the premises.
The person using force must reasonably believe the force is necessary.
The person must warn the intruder they intend to use force; they do not need to warn the intruder if the intruder is already using force, has made a credible threat, or poses an imminent risk of serious harm.
People cannot use this force if they are engaged in an unlawful activity; they cannot use force if the intruder is fleeing or retreating.
People are immune from criminal and civil liability if their use of force is permitted.
The court must grant a costs certificate to any defendant acquitted of an offence for using force against an intruder.
The Director-General must pay for the acquitted person's legal fees, lost income and medical costs from the Consolidated Fund.

The Debate

What different members said when this bill was debated:

Sue Higginson GRN

“The Greens categorically oppose the Crimes Amendment (Use of Force Against Intruders) Bill 2026 and the weakening of laws designed to ensure that no person can lawfully commit unnecessarily violent acts against another person. Shame on this fresh scaremongering from the gun lobby party, which is scrambling for relevance.”

Official source →

Mark Latham IND

“I support the Crimes Amendment (Use of Force Against Intruders) Bill 2026, and I reject the massive exaggerations of the previous speaker. I say to her, "Make New South Wales great again." I do not think there is any problem with that particular approach. We know The Greens are desperate when they roll out Donald Trump.”

Official source →

Susan Carter LIB

“I speak on behalf of the Opposition to indicate that it is deeply sympathetic to the aims of the Crimes Amendment (Use of Force Against Intruders) Bill 2026. The Opposition believes that private property is a public good, that human life should always be protected and that it should always be lawful to act in defence of oneself. We believe it is noble to act in defence of others.”

Official source →

John Ruddick LIBT

“The Libertarian Party supports the Crimes Amendment (Use of Force Against Intruders) Bill 2026, introduced by the Shooters, Fishers and Farmers Party. We support the right to self-defence, and the obvious benefit of castle law is that it has a massive deterrent effect. There will to be less crime in general. Ms Sue Higginson from The Greens got it completely wrong.”

Official source →

Jeremy Buckingham LCP

“I make a brief contribution to debate on the Crimes Amendment (Use of Force Against Intruders) Bill 2026. I can read the room. It looks as if the bill is—”

Official source →

Mark Buttigieg ALP

“The New South Wales Government opposes the Crimes Amendment (Use of Force Against Intruders) Bill 2026, which would permit the use of force in certain circumstances where a person unlawfully enters, attempts to unlawfully enter or, after being directed to leave, remains in a dwelling, vehicle or workplace.”

Official source →