New South Wales Consolidated Acts

COURT SECURITY ACT 2005 - SECT 19

19 Limitations on exercise of relevant powers

(1) The following limitations apply to the exercise of a relevant power:

(a) a relevant power may not be exercised in respect of a judicial officer,

(b) a relevant power may not be exercised within a room in which a court is sitting unless the security officer seeking to exercise the power is satisfied that:

(i) there is an emergency, and

(ii) there is insufficient time in the circumstances to obtain a direction from the presiding judicial officer,

(c) a relevant power may not be exercised in respect of a person who is being dealt with by a police officer unless the police officer has requested the security officer’s assistance,

(d) a relevant power may not be exercised in respect of a person who is in the custody of a custodial officer for the person unless the custodial officer has requested the security officer’s assistance,

(e) a relevant power may not be exercised in respect of such persons or in such circumstances (or both) as may be prescribed by the regulations.

(2) Despite subsection (1), a security officer may exercise a relevant power in respect of a person or in a circumstance referred to in that subsection if:

(a) a judicial officer directs the security officer to exercise the power, or

(b) the security officer is exercising the power to prevent the person from causing harm to himself or herself or to another person or causing damage to property, or

(c) the security officer is assisting a custodial officer for the person to prevent the person from escaping from lawful custody.