Security guards and bouncers, much like quiet protectors, ensure everyone stays safe and things remain calm across areas in New South Wales. They make sure energetic groups don’t get out of hand, prevent uninvited guests from sneaking in, and tackle any mischievous behaviour. Thanks to their vigilant presence, everyone from cheerful revellers to diligent employees feels protected. Wondering what secrets these everyday heroes bring to keeping things peaceful? They’ve got some amazing tricks up their sleeve!

While they possess certain authorities, such as the ability to detain individuals and perform citizen’s arrests for specific violations, their powers are limited compared to those of police officers. Security personnel are permitted to use reasonably necessary force, but they must adhere to legal boundaries to respect individuals’ rights and avoid excessive force.

Legal Authority of Security Guards and Bouncers in NSW

Powers Granted to Security Guards

Under the Security Industry Act 1997 (NSW), a security guard’s role is to ensure safety and enforce the rules of private establishments. These powers include:

• Preventing Entry: They have the authority to refuse entry to individuals who violate venue policies, appear intoxicated, or exhibit disruptive behaviour.
• Requesting Identification: In venues that serve alcohol, security personnel can require patrons to present valid identification to verify age and compliance with licensing regulations like the Liquor Act 2007 (NSW).
• Performing Citizen’s Arrests: If a security personnel witnesses someone committing a crime, such as theft, breachingsection 117 of the Crimes Act 1900 (NSW) or assault punishable under the sections 33, 35, 59, and 61 of the Crimes Act 1900 (NSW), they can arrest and restrain the individual until NSW police arrive. The use of force during such arrests must be reasonable and proportionate.
• Asking for Name and Address: Security guards may request name and address information from individuals when suspicious behaviour or offensive conduct is observed. Providing false information to security personnel can result in legal consequences.

Limitations on Their Powers

Despite their specific authorities, security officer do not possess the same powers as the police provided for under Law Enforcement Powers and Responsibilities Act 2002 (NSW) (LEPRA). Their actions are bound by clear legal limitations distinguishing security guards’ powers from police powers. Key limitations include:

• No Warrant Power: They cannot enter private premises without the owner’s permission or without witnessing a crime. Entry without consent is only permissible under specific circumstances, such as preventing an imminent offence.
• Restricted Search Rights: Security personnel are not authorised to search individuals or their belongings without your consent. Any condition requiring a search must be clearly communicated, and refusal can result in being denied entry rather than a forced search.
• Prohibition Against Excessive Force: While reasonable force can be used to remove or confine individuals, guards cannot use excessive force. Security guards must ensure that any force applied is necessary and proportionate to the situation.
• Non-Police Status: They do not have the authority to enforce laws beyond the premises they are employed on. Their role is limited to maintaining order within the venue, and they cannot perform duties reserved for the police, such as issuing fines for traffic violations or conducting criminal investigations.

These limitations ensure that security officers operate within their designated roles, maintaining safety and order without overstepping legal boundaries.

When Can Security Guards and Bouncers Search or Touch You?

Consent Requirements for Searches

Security guards and bouncers must obtain your explicit consent before conducting a search. Many venues, including shopping centres, pubs, and clubs, have policies that require individuals to consent to searches as a condition of entry. If you refuse consent, security personnel may refuse you entry or ask you to leave the venue.

In situations where a citizen’s arrest is made, security personnel are only permitted to confine individuals if they have directly witnessed the crime or possess evidence supporting the arrest. Detention must remain reasonable and proportionate to the circumstances to avoid being considered unlawful.

Conditions for Entry and Search in Specific NSW Venues

The conditions under which searches can be conducted vary depending on the venue: 

• Shopping Centres: Guards may enforce security measures such as ID verification or bag searches if required by the venue’s policy.
• Licensed Venues (Pubs/Clubs): Bouncers can refuse entry or eject patrons for intoxication or disruptive behaviour and may conduct searches to ensure safety.

When removing someone from private property, security guards and bouncers must adhere to the venue’s established policies. If these policies are insufficient to handle the situation, they must escalate the matter to the police for further action.

In instances requiring immediate physical contact to protect individuals from harm, security guards may use reasonable force. However, any force applied must be proportionate to the situation and not excessive. Excessive or unlawful force, such as continuing aggression after compliance, can constitute assault.

Consent remains a critical factor in searches and physical contact. Without consent, security personnel must strictly adhere to legal standards to avoid unlawful intervention.

Arrest Powers of Security Guards and Bouncers

Scenarios for Citizen’s Arrest

As mentioned above, security guards in NSW can legally arrest an individual if they reasonably suspect that the person has committed an offence, such as theft, shoplifting, property damage, assault, or any act that involves or appears to involve violence or a breach of the peace. For example, if a security guard witnesses someone stealing merchandise from a store or causing significant disruption in a venue, they can restrain that individual until the police arrive.

Process After Arrest

Once a security guard makes a citizen’s arrest, there are specific protocols they must follow to ensure the process is lawful and respectful of the individual’s rights.

1. The individual must be informed that they are under arrest and the reason for it.
2. The use of force must remain reasonable and proportionate to the situation.
3. The detained individual must be handed over to police promptly.

Undue force is strictly prohibited, and if it is used, it can lead to legal consequences for the security personnel involved.

Additionally, security officers must ensure that the confined individual is not held longer than necessary for the police to arrive, maintaining the principle that they do not possess the same detention powers as police officers.

Removal and Banning Policies

Being Asked to Leave a Shopping Centre

Security guards have the authority to ask individuals to leave a shopping centre if they are not adhering to the venue’s rules. Reasons for being asked to leave can include:

• Causing disturbances
• Refusing to comply with entry conditions, such as wearing shoes or violating sobriety requirements by performing actions such as:
  • Public urination or defecation
  • Falling asleep or appearing unconscious in public areas
  • Excessive shouting, singing, or other disruptive noises
• Carrying unauthorised items, like weapons

If you refuse to leave after being asked, it constitutes trespassing, for example, under Inclosed Lands Protection Act 1901 (NSW). If charged with trespassing, possible penalties include fines, serving time in jail, or both. Additionally, if you behave offensively or attempt to re-enter, you could face enhanced penalties.

Being Banned from a Venue

Managers of shops or stores can issue banning notices to individuals for various reasons, such as:

• Exhibiting rude, disruptive, or aggressive behaviour
• Repeatedly violating venue policies

However, bans must not be based on discriminatory factors such as age, race, gender, or religion. This ensures compliance with anti-discrimination laws, specifically, Anti-Discrimination Act 1977 (NSW), while maintaining the safety and order of the venue.

Once banned, individuals are prohibited from entering the venue for the duration specified in the notice. Refusing to comply with a ban can lead to trespassing charges, which may include fines or other legal consequences.

Can You Make a Complaint If You Believe a Security Guard Unlawfully Touched You?

Reporting to Employers or Establishments

If you believe a security guard acted unlawfully or beyond their authority, follow these steps:

1. Document the Incident: Record the details, including the date, time, location, and a clear description of events. If injuries occurred, take photographs.
2. Request Identification: Ask for and note the security guard’s name and ID number.
3. Report the Incident: Present all relevant details to the security company or the establishment where the incident occurred.

Providing comprehensive evidence can aid in resolving your complaint.

Legal Actions and Advice

Should you feel that the security officer has unlawfully detained or assaulted you, pursuing legal action may be necessary. You might have the option to sue for false imprisonmentor assault, depending on the severity of the misconduct. It’s crucial to seek legal guidance to understand your rights and the best course of action. Consulting with a qualified lawyer can help you file charges and navigate the complex justice system, increasing the likelihood of a favourable case outcome.

Conclusion

Security guards and bouncers in NSW are tasked with maintaining safety and order within various premises They are authorised to prevent entry, request identification, perform citizen’s arrests, and remove individuals who violate venue policies, all while adhering to legal boundaries and ensuring the use of reasonable force. Their powers are essential for deterring unlawful behaviour and ensuring a secure environment for patrons and staff alike.

If you have concerns about security guards’ actions like unlawfully touching you, or seek legal advice regarding their powers and limitations, contact our expert legal team today. With our unparalleled expertise, we can provide you with legal counsel and support necessary to fight for your rights.

Frequently Asked Questions