I am not a lawyer, but I went and looked this up because some of the claims being made here didn’t sound right. Considering the confidence with which people were posting legal takes, I thought it was worth actually checking.
A lot of people are saying that because police told the media not to attend the property, anyone who walked up to the house was automatically trespassing. That is not how the law works in Australia.
We have a common-law implied right of entry. The High Court confirmed this in
Halliday v Nevill (1984) and
Plenty v Dillon (1991). Members of the public are allowed to go onto private land for the lawful purpose of approaching the front door and attempting to speak to the occupier. Journalists do not gain special rights from their job, but they also do not lose the rights every other member of the public has.
Only the occupier can revoke that right. Police cannot do it on someone else’s behalf just by saying “do not go there” in a press conference. A police warning is not a legal revocation. To revoke implied entry, you need something like clear signage, a gate or fence, or the occupier directly telling the person to leave. If someone remains after that, then it becomes trespass.
It is also relevant that no trespass charges have been laid. If this were a clear case of unlawful entry, it is hard to see why police would not have acted on it already. The absence of charges aligns with the actual legal position.
This is not about defending the Daily Mail. People are free to dislike their reporting. But the law does not operate on personal preference or feelings about a media outlet, and the implied right of entry exists whether we approve of the visitor or not.
Here's a link to the
SUMMARY OFFENCES ACT 1953 - SECT 17A which speaks to what trespass is also.
(edited to add links)