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bagcheck

Prepared by the

Retail Traders’ Association of Western Australia

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Foreword

bagcheck is an advisory code of practice for the checking of bags and parcels in retail stores. Bag checks are conducted by retailers in an attempt to control theft. While this practice may be necessary, privacy issues need to be considered and the check conducted with a minimum of intrusion. The bagcheck Code is sponsored by the Retail Traders’ Association of Western Australia (RTA) and has been developed as a compromise between the interests of retail and consumer groups. The Code has been developed with the assistance of the Department of Consumer and Employment Protection. The purpose of the Code is to provide principles and practices in relation to bag checks so that shoppers and retailers can approach the situation with a knowledge of their rights and obligations. Many of these principles involve the provision of information. Clearly, not all conflicts will be avoided, however, the Code provides procedures for the control of conflicts when they arise. The principles and procedures are divided into:

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the legal position which is determined by the general law of contract and must be complied with principles which have been adopted following consultation with interest groups; and suggested practices as to how the legal position and agreed principles might be met or improved upon

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Enquiries regarding the operation of the Code should be directed to the Retail Traders’ Association on (08) 9365 7695.

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Procedures for conducting bagchecks

Legal position

A person who forcibly conducts a bag check against a customer’s will may be liable for assault.

Agreed principles

Requests should be courteously made so as to minimise the degree of intrusion. The employee or shopkeeper should request that the customer personally open the bag. There should be no direct physical interference by the shopkeeper or employee. Where a view of the bag is...