What Security Guards Can’t Do
Security guards are not the police. Generally they don’t have any more power than an ordinary person does. Hiring the right Security Guard is essential. Make sure that all security guards that you do hire, are fully licenced and up to date with their rights, responsibilities & duties.
What security guards can’t do:-
- search you or your belongings without your permission – even in a shop where there is a sign saying that ‘search is a condition of entry’;
- take your things from you;
- ask you to leave from any place because of:
- your race
- your age (unless you are in a place where it is a legal requirement that you are over 18 years)
- your sex (unless you’re in an area reserved for a particular sex like a change room or toilet)
- any disability you might have;
- your sexuality.
- ask you to leave a public place;
- arrest you unless they have reasonable belief that you are committing or have committed a crime;
- detain you unless they see you commit a crime;
- force you to sign anything;
- make you go anywhere unless you are actually under arrest or detained until police arrive;
- force you to be photographed;
- use excessive force.
Bouncers and Venue Security
Security guard or bouncer working in private premises are employed by owners to protect customers, staff and property and to ensure that conditions of entry are met.
Bouncers and security guards cannot request your personal information, such as your name, phone number or address... But they can, however, request your ID to determine your age if, for example, a condition of entry is that you are over 18 years of age.
Privately-owned venues have a legal right to remove you if you fail to follow conditions of entry. If you do not leave, you may be trespassing.
Security guards and bouncers may use reasonable force to eject you from a venue and to control a situation that is escalating.
Sources include: Legal Aid NSW