Court Security Act 2013
No. 128, 2013
Compilation No. 7
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Court Security Act 2013 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Object of this Act
4 Simplified outline of this Act
5 Definitions
6 Orders identifying court premises
7 This Act binds the Crown
8 Extension to external Territories
Part 2—Security officers and authorised court officers
Division 1—Appointment of security officers and authorised court officers
9 Appointment of security officers
10 Appointment of authorised court officers
11 Appointment may relate to any court premises
12 Identity cards
13 Exception to requirement to issue identity card
Division 2—Requests that may be made of persons seeking to enter, or on, court premises
14 Requests relating to screening etc.
15 Requests relating to identification etc.
16 Requests to leave dangerous items for safekeeping
17 Requests relating to recording, data storage and transmitting devices
18 Offence—non‑compliance with a request under section 17
19 Requests to undergo a frisk search
Division 3—Power to refuse entry to or direct a person to leave court premises etc.
20 Non‑compliance with request under Division 2
21 Harassment etc.
22 General directions power
23 Offence—non‑compliance with a direction
Division 4—Power to prevent entry to or remove a person from court premises etc.
24 Non‑compliance with a request under Division 2 or direction under Division 3
25 Harassment etc.
Overview
The Court Security Act 2013 was enacted by the Australian Parliament to enhance the security of persons and premises connected with courts. The primary objectives of this legislation are to ensure the secure and orderly operation of courts and the safety of persons on, and going to and from, court premises. The Act establishes a framework for the appointment and powers of security officers and authorised court officers, allowing them to request screening, identification, and the surrender of dangerous items from individuals seeking to enter or already on court premises. It also grants these officers the authority to refuse entry, direct individuals to leave, or remove them from court premises if they do not comply with requests or engage in harassment, intimidation, or other disruptive behaviour. Additionally, the Act prohibits certain conduct such as possessing weapons, making unauthorised recordings, and obstructing court activities. It allows certain court members to make orders to prevent ongoing disruption or violence affecting persons or property connected with those courts. The Act also outlines procedures for complaints about the conduct of security officers and authorised court officers, and provides immunity from civil and criminal liability for these officers when acting in good faith.
Scope and Application
The Court Security Act 2013 applies to security officers and authorised court officers appointed by the administrative head of a court, including federal courts, the Family Court of Western Australia, and the Administrative Review Tribunal. The Act also applies to any premises occupied or used in connection with the sittings or operations of a court, as well as premises specified in an order under the Act. The Act extends to every external Territory and binds the Crown in all its capacities. The Act provides for the appointment of security officers and authorised court officers, the powers and duties of these officers, and the procedures for making court security orders to prevent significant disruptions or violence affecting court premises. The Act includes provisions for the issuance of identity cards to security officers and authorised court officers, the powers of these officers to request screening, identification, and the surrender of dangerous items or recording devices, and the power to refuse entry to, direct to leave, or remove persons from court premises. The Act also outlines offences related to possessing weapons or making unauthorised recordings on court premises, and provides for the immunity of security officers and authorised court officers from civil liability for acts done in good faith. The Act allows for the variation or revocation of court security orders and includes provisions for the disposal of dangerous items and compensation for damage to recording devices. The Act can be further extended or modified through subordinate regulations.
Key Provisions
- The Court Security Act 2013 (the Act) outlines provisions to enhance security within Australian court premises, ensuring both the secure operation of courts and the safety of individuals involved in court activities. The Act is divided into five main parts: preliminary provisions, security officers and authorised court officers, offences, court security orders, and miscellaneous provisions. Key sections include those that detail the appointment and powers of security officers and authorised court officers (Sections 9 to 34), offences related to court premises (Sections 38 to 40), the process for making and enforcing court security orders (Sections 41 to 47), and miscellaneous provisions such as immunity for officers (Section 48) and delegation of powers (Section 51).
- The Act imposes several obligations on parties and entities it governs. For instance, security officers and authorised court officers are required to exercise their powers responsibly and in accordance with the law, including producing identification when requested (Section 34). They must also comply with specific procedures, such as ensuring individuals are informed of potential offences if they do not comply with certain requests (Section 15). Additionally, individuals entering or present on court premises are required to comply with requests from security officers and authorised court officers, including undergoing screenings, providing identification, and surrendering dangerous items or recording devices (Sections 14 to 17). Failure to comply with these requests or directions can result in refusal of entry, removal from the premises, or other enforcement actions (Sections 20 to 28).
- The Act also establishes various offences with corresponding penalties. For example, possessing a weapon on court premises is an offence punishable by imprisonment for up to 12 months (Section 38). Making an unauthorised recording or transmission on court premises carries a penalty of up to 30 penalty units (Section 39). Obstructing entry to, or activities on, court premises is an offence that can result in imprisonment for up to 6 months (Section 40). Furthermore, non-compliance with a court security order is an offence punishable by imprisonment for up to 12 months (Section 46). Each of these offences includes specific conditions and exceptions, such as the performance of duties by authorised personnel (Sections 38(2), 39(2), and 40). Additionally, the Act provides for compensation in cases where damage occurs to recording, data storage, or transmitting devices due to the actions of security officers or authorised court officers (Section 49).
- Area of Law
- Criminal Law
- Civil Litigation & Procedure
- Administrative Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Commencement Provisions
- Regulatory Standards
- Prohibited Conduct
- Enforcement Powers
- Transitional Provisions
