This fact sheet outlines what a security officer, commonly referred to as a security guard, can and cannot do. It provides suggestions about what young people should do when they interact with security officers. There is also information about what to do if you believe a security officer has acted inappropriately or exceeded their powers.
What is a security officer?
There are many kinds of security officers and they have different roles and powers. In NSW all security officers are licenced by the Security Industry Registry which is part of NSW Police.
This fact sheet focuses on security officers in shopping centres. Security officers in shopping centres and other public space are usually licenced to patrol property, that is they have a 1A license for patrolling property. The types of security officers that might be encountered in an urban space are outlined below. Security officers can hold more than one licence, for example a 1A & B licence.
| licence | role |
|---|---|
| 1A | protect property |
| 1B | body guard |
| 1C | bouncer/crowd control |
The role of a security officer is to facilitate the public's safe use of facilities. In publicly owned public space such as a park a security officer has powers similar to any person. In privately owned space officers have wider powers delegated to them by the owners.
What can security officers do?
In privately owned space such as a shopping centre a security officer can:
-
Ban a person from entering the centre. A banning notice needs to be issued and it should explain the reason for the ban. There is no limit to how long a ban can be for.
-
Remove a person using reasonable force if they resist an order to leave.
-
Arrest a person if they are certain they have committed a criminal offence. In fact any person can do this and it is called a citizen's arrest.
-
Attempt to take a photo of any person on the premises, but the person being photographed can walk away or hide their face.
-
Ask to search a bag if it is a condition of entry. They must obtain your permission to conduct a search. Security staff do not have the right to search without permission, and permission can be withdrawn at any time during a search. A centre can remove or ban a person because they did not allow a search.
A security officer cannot:
- Arrest a person just on suspicion that they have committed an offence.
- Use excessive force in any situation.
- Ban a person just because of their age, unless it is a legal requirement eg. at a pub or other licenced premises.
- Ban a person just because of their ethnicity, mental illness, disability or because they are lesbian or gay.
- Ban someone from a space near the shopping centre, such as a footpath outside the building.
Accountability of security officers
Security Industry Registry
All security officers have to be licenced. The licensing and accountability of security officers is governed by the Security Industry Act 1997 and associated regulations. The Security Industry Registry (SIR), a specialised unit of the NSW Police Service, is responsible for the licencing of security officers and all staff in the security industry. It also receives complaints about security officers and monitors the performance of security companies. Security companies also have an industry code of practice they must follow.
Security Industry Code of Practice
The security industry is governed by a code of practice. A code of practice is a set of guidelines that security companies can be held accountable to. The focus of the code of practice is largely on the operators of a security business, rather than individual security guards. The Australian Security Industry Association is the main security organisation. It is responsible for investigating complaints that breach their Code of Practice and advising the relevant authority of alleged breaches of legislation. If a security company breaches the Code of Practice their membership of the relevant security industry organisation can be revoked. Similarly if a security officer breaches the Code of Practice, they too, can have their licence revoked.
Making complaints about security officers
Who can complain?
Anybody can make a complaint about a security officer, eg. a member of the public who feels that they have been unfairly treated.
How to make complaints
There are two formal options for making a complaint about a security officer. Complaints can be made to the employer of a security officer or forwarded directly to the Security Industry Registry (SIR). It is also possible to complain to the place where a security officer is working eg. the shopping centre. We recommend that people wanting to make a complaint use the formal processes and also notify the manager of the place where officer is working. If there is uncertainty about the grounds for a complaint, talking the matter over with a lawyer may be helpful.
There is a special process for complaining about banning notices that security officers issue. A banning notice prevents a person from entering a shopping centre or other privately owned space. While bans are issued by security staff they are actually the responsibility of the owner or tenant of the space concerned. In the case of shopping centres bans are the responsibility of the centre management.
Preparing a complaint
A friend, parent, youth worker, community legal centre, Legal Aid Hotline for Under 18s (1800 10 18 10), in fact anyone can help prepare a complaint. Getting advice, especially from someone who knows the law, is important as it makes a complaint more likely to succeed. It is also good to talk with other people as it helps develop a picture of issues and problems. If several people have similar problems making a joint complaint may be useful.
Complaints to the employer
Lodge a complaint with the employer of the security officer. In shopping centres security officers often wear the uniform of that centre but are actually employed by a security firm, such as Chubb, who have a contract to provide centre security. It is good to ask someone in the place where the security officer was working which company provides their security. It should be possible to identify individual security staff as they must wear identification (eg. name tag, company badge, etc.) at all times, unless the have received a special exemption from the police.
Complaints to the Industry Association
A security company will be a member of one of about ten industry organisations. As there are many types of security workers there are different organisations that cover their part of the industry, for example locksmiths have their own organisation and are considered part of the security industry. The Australian Security Industry Association (ASIA) is the biggest industry organisation in the security sector and covers security staff in shopping centres and most other public space. The Association has a code of practice approved by the Commissioner of Police. It outlines how a security company should operate. The ASIA investigates complaints about security companies breaking the code of practice.
Complaints to the Security Industry Registry
As explained earlier the SIR is the body that licences security officers and is a unit of the police. The SIR handles complaints about security officers.
All complaints need to be made in writing. Complaints are not accepted over the phone. Written complaints must be sent to the Security Industry Registry, Locked Bag 5099, Parramatta, NSW, 2124. Once the SIR receives the written complaint it will be acknowledged in writing. The SIR refers complaints relating to breaches of the law to the police security division.
The Australia Security Industry Association investigates complaints referred relating to other matters. This process is called the adjudication. The complainant will be notified that the situation has been resolved, but not given details of what the outcome is. There is no time limit for resolving a complaint.
How can a security guard lose their licence?
- If the security officer does something that breaches a condition of the security licence.
- If they are convicted of any of the offences listed in the Security Industry Act 1997, which includes most weapons, drug, robbery and assault offences.
- It is possible that a complaint to a security officer's employer or the SIR may result in a loss of a licence. Particularly if a complaint leads to a conviction for a prohibited offence.
- If their licence expires and the security officer is still working, they are breaching licensing requirements and the law. A security officer must re-apply for a security licence.
- For more information about the grounds for a lose of a licence see the Security Industry Act 1997 at www.austlii.edu.au/au/legis/nsw/consol_act/sia1997255/
How to relate to security officers
A security officer can make a situation worse for a young person if they feel the young person is being difficult. Research involving security officers identified that the biggest concern security officers had about young people was a lack of respect (Turner & Campbell 1999). Security officers have a job to do, so treat them well and they should do the same to you. When a security officer does not treat you well do not aggravate the situation but stay calm and complain later.
| Action by security officer | Possible action by young person |
|---|---|
| Tells a group or individual to move on or leave | Move on as directed even if you believe there is no reason to be moved on. Resistance or confrontation could lead to a ban or the calling of police for trespass after not following a direction to leave. Complain later about the situation (see above for how to complain). |
| Ask to search your bag | It is your choice whether to allow them to search your bag. A search cannot be carried out without your permission. You can withdraw permission at any time. If you refuse to allow a bag search they will probably tell you to leave the premises and they might ban you from coming back. |
| Offers first aid assistance | All security officers must have a first aid certificate. So accept their help if needed. |
| Tries to take your photo or fingerprints. | They can try but you don't have to cooperate. It is OK to hide your face or move away from the officer. A security officer does not have special powers to take a photo of anyone or their fingerprints. If they hold you to take a photo or prints they may be committing assault. Get legal advice. |
| Arrests a person | Security can only arrest someone if they are certain a crime has been committed - this is called a citizen's arrest. (If they arrest you just on suspicion, then you have good reason for complaint or even legal action against the officer. Get legal advice.) |
| Asks a person if they are OK because they look like they are being hassled | If someone is hassling you, look for a security officer and ask for help. Their job is to protect everyone, including you. |
| Uses excessive force (more force than necessary in the situation) | If a security officer uses excessive force, it is assault, a criminal offence. You can report them to the police or use other complaint processes. If you want support to deal with the police, get legal advice. |
| Bans you from a shopping centre | They should tell you the reason for the ban and length of the ban. You can appeal against the ban to the shopping centre management. If you want support to do this, get legal advice. If you break the ban, the police can charge you with trespass (entering or remaining on inclosed lands). |
| Bans you from a shopping centre and the streets or footpaths around it | Shopping centre staff and security officers have no power to ban you from streets and footpaths near the centre. |
| Security officer gives you information or assistance | Show appreciation for what they did with thanks. Security officers are there to protect property and many of them want to help people. |
References
- Manning N & Campbell S, (2000) Security guards: What powers do they have? in Youth Justice: Your guide to cops and court, Macquarie Legal Centre, Sydney
- Security Industry Act 1997, NSW Police Service handbook
- NSW Security Industry Code of Practice
- NSW Security Licence 1ABC Help Site www.safecity.com.au/rplkit.htm
Notes
Published: 2002
Applicable to: NSW only
Be careful!
YAPA took reasonable care to ensure that this information was correct at the time of publishing (above). However government regulations, laws and standards are complex and changing constantly. The author/s have no health, occupational health and safety, or legal qualifications (unless stated), and information provided is general - it is not specific legal or professional advice. Do not rely on it - check with other publications and authorities and if necessary get qualified legal or professional advice for your situation.
The Security Industry Registry and the Australian Security Industry Association were given the opportunity to comment on the contents of this fact sheet and failed to do so. Both organisations provided background information over the phone at an earlier stage.
