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Security guards
security guard

Security guards have no more extra powers than ordinary citizens. They have no power to search or question you.

A security guard cannot:

  • search you unless you agree (even when it is a condition of entry to a shop, etc);
  • arrest you unless they see you commit a crime;
  • detain you unless they see you commit a crime;
  • force you to sign anything;
  • force you to go anywhere unless they are detaining you until police arrive;
  • force you to be photographed; or
  • use excessive force.

In some places, especially shopping centres, a security guard might ban you from coming in. They do this by giving you a "Termination of Licence" notice. If you get one of these notices it means you can be charged with trespassing the next time you go there.

Usually, you would be asked to sign it. You cannot be forced to sign it. You should get legal advice.

If you want to complain about a security guard's behaviour or about being banned by the shopping centre call the HotLine and speak to a lawyer on 1800 10 18 10.

Get Street Smart - main menu | Your rights in public places | What if the police approach me? | What if they ask for ID? | Police questioning and interviews | Searches: drugs; weapons; strip searches | Security guards | How to make a complaint | Contacts





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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 1 February 2000