The Law

There are just 3 reasons for erecting a fence.

PRIVACY – SECURITY – CONTROL

Climbing on fences challenges all of those purposes. Regardless of whether, as an act of disobedience, aggression, foolishness or expediency, all climbing should be deterred so the fence may function as intended.

  • Reducing the incidence of climbing also reduces the likely hood of personal injury and related claims.

In the interest of public safety we have made Thorny Devil fence spikes “Low Harm” and provide the following information and legal opinions from Australian experts and industry leaders, for your information.

EXPERT LEGAL OPINION –

Leading Barrister’s Advice Re: Australian Criminal Law (2007)
The product is benign, in that it is static, obvious and easily identified and avoided in normal use. The concept of being related to a “man trap is both spurious and a nonsense. The product is legally no different to many existing fences (i.e picket, palisade, corigated iron etc.).
(Download) barrister-advice.pdf

EXPERT LEGAL OPINION –

Leading Firm of Solicitors Advice Re: Australian Civil Law (2007)
The product is legal to use responsibly and warning signs (to the relevant standards) are recommended.

EXPERT LEGAL OPINION –

To the Victorian Government’s Dept. of Education, Employment & Training (2007)
Shows that council has advised the product is legal and advocates responsible use.

FURTHER

Our fence spikes share similarities with our company mascot – The Thorny Devil Lizard
Learn more at http://en.wikipedia.org/wiki/Thorny_Devil

These attributes not only protect home owners and property, they also protect potential climbers. Deterring them from the risks associated with climbing something which is not meant to be climbed. It deters potential intruders from breaking the law and also physcla conflict with the victim of the intrusion or privacy invasion.

*** We recommend installers use warning signs.