Key Points
- Robbery involves stealing property from another person using force or the threat of force.
- Theft involves taking someone else's property without their consent and without using force.
- The force you use to defend yourself must be proportionate to the threat.
If you've never had your home or business broken into, consider yourself fortunate.
Keeping thieves out is the name of the game—a message you'll hear again and again from locksmiths, security experts, and even long-time residents of Australia.
Understanding what robbery is under Australian law
In Australia, robbery isn't just theft; it has specific legal definitions and consequences.
Sydney-based Criminal Lawyer Alex Cao says robbery involves stealing property from another person with the use of force or the threat of force.
The key element in the robbery is that the victim is directly confronted or threatened during the commission of the crime.
Theft, on the other hand, is defined differently across states but generally involves taking someone else's property without their consent and without using force. The key distinction between theft and robbery is that theft does not involve direct threats or violence.
Mr Cao also explains another similar category of crime: burglary.
"Burglary occurs when someone enters a building or other enclosed space such as a house, a shop, a warehouse without permission of the owner with the intent to commit a crime, usually theft, but it also can involve other crimes like vandalism or assault," Mr Cao says.
Theft involves taking someone else's property without their consent and without using force. Source: iStockphoto / Михаил Руденко/Getty Images/iStockphoto
"That is just opportunistic."
Tej Panesar, a Melbourne resident, experienced one of these unfortunate events in 2023. Fortunately, he and his family didn't confront the thieves while they were in action.
"They couldn't open the front door, they couldn't open the back door, because the house was very securely set up, but they were able to come through the back window of the kitchen, and as it appeared, the first thing possibly they did was remove the security system, and they threw it into the kitchen sink and put the tap on," Mr Panesar says.
Mr Panesar says they often leave their valuables in safe lockers. But occasionally, they would bring some jewellery home when they have a wedding or a function to attend.
"So, that is just opportunistic, but very smartly done. That's the assessment from the police. They went straight up to our bedroom, opened the tall boy, and picked up the box full of jewellery and went," Mr Panesar says.
The loss was hefty mentally and financially for him and his family.
"We are all very scared being at home alone. So, we always make sure that more than one person is there at home. We lock our bedrooms in the night when we sleep. Because if we were home at that time, we don't know whether we would have been attacked."
The force you use to defend yourself from thieves must be proportionate to the threat. Credit: Flying Colours Ltd/Getty Images
Self-defence
Protecting yourself and your property from robbery is essential and may come as a natural response, but how far can you legally go to defend yourself during a home invasion in Australia?
Criminal lawyer Alex Cao explains that self-defence legislation differs across states and territories, but there are key principles of self-defence that are the same across states.
"You must believe the actions are necessary to protect yourself or others. The force you use must be proportionate to the threat. Deadly force is only just viable if your life is in immediate danger. You cannot continue attacking once threat is neutralised," he says.
Mr Cao advises that if you find your home or business being invaded, stay out of it and call the police on triple zero (000) straight away.
Support for victims of crime
Experiencing robbery can be traumatic. Fortunately, Australia has systems in place to support victims.
She says getting appropriate support is vital, and knowing how to access that support is important because it can reduce victim's long-term symptoms and suffering.
"Usually, victims of violent crimes are able to access free counselling. The way that happens might differ from state to state but most of the time there is either free counselling or funding for counselling," Ms Quick explains.
She adds that crimes such as robbery can also have a financial impact on victims, including loss of income. Each state and territory has its own financial assistance or compensation scheme, with varying coverage depending on the jurisdiction.
However, most states and territories do not provide compensation for property loss or damage.
"Victims can't claim compensation for items stolen. Compensation is generally for violent offences where a person has suffered some physical or psychological harm as a result of that violent event," she adds.
Neighbourhood Watch Victoria is a community-led crime prevention organisation, and similar groups exist nationwide.
Staying Safe
Bambi Gordon, the CEO of , provides tips and advice on preventing what she calls "opportunistic crimes."
"We can remove the opportunity and make it that little bit more difficult for them to fulfil their offence. It is as simple as things such as always locking your front door and your back door, and that includes when you're at home, keeping your bushes cut down low to the ground around the home so that people can't hide behind them, because what you want to happen is you want your neighbours to be watching out for you," Ms Gordon says.
Neighbourhood Watch Victoria is a community-led crime prevention organisation, and similar groups exist nationwide. Its main goal is to foster social cohesion by helping residents get to know their neighbours, watch for suspicious activity, and support one another.
The organisation also offers an online resource to help you audit your business, home, and car safety, and it's available in five languages. To find out more about this tool, visit
Contact the relevant organisation below for more information about victim's rights in your state or territory.
| ACT | Victim Support, Human Rights Commission (02) 6205 2222 |
| NSW | Victim Services victimsservices.justice.nsw.gov.au Victim Access Line 1800 633 063 Aboriginal Contact Line 1800 019 123 |
| NT | Victims of Crime NT |
| Qld | Victim Assist Queensland 1300 546 587 |
| SA | Victims of Crime SA (08) 7322 7000 |
| Tas | Victims Support Services 1300 300 238 |
| Vic | Victims of Crime 1800 819 817 |
| WA | Victim Support Services 1800 818 988 or (08) 9425 28 50 |
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