{"id":"nsw:sl-2021-0457","name":"Court Security Regulation 2021","slug":"court-security-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"457 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176281,"registerId":"nsw-nsw:sl-2021-0457-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Court Security Regulation 2021](/view/html/inforce/current/sl-2021-0457).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Court Security Regulation 2016](/view/html/repealed/current/sl-2016-0541), which would otherwise be repealed on 1 September 2021 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Court Security Act 2005](/view/html/inforce/current/act-2005-001).\n> \n> Note.\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Bags and containers for exhibits that are restricted items","content":"#### 4 Bags and containers for exhibits that are restricted items\n\n4 Bags and containers for exhibits that are restricted items\n\n> For the purposes of the Act, section 8(2)(a)(ii), a bag or container is prescribed if—\n> \n> > (a) the Sheriff’s insignia is printed on the bag or container in a conspicuous position, and\n> \n> > (b) the bag or container is issued by a security officer.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Permissible uses of recording devices","content":"#### 5 Permissible uses of recording devices\n\n5 Permissible uses of recording devices\n\n> For the purposes of the Act, section 9(2)(e), the use of recording devices in the following circumstances is prescribed—\n> \n> > (a) in the court premises of the Civil and Administrative Tribunal with the approval of the principal registrar of the Tribunal,\n> \n> > (b) in the court premises of the Local Court with the approval of the relevant registrar of the Local Court,\n> \n> > (c) the use of body-worn video by a police officer in court premises in accordance with—\n> > \n> > > (i) the [Surveillance Devices Act 2007](/view/html/inforce/current/act-2007-064), section 50A, and\n> > \n> > > (ii) a written agreement between the Commissioner of Police and the Sheriff and in consultation with the head of the court concerned, however described.\n> \n> **s 5:** Am 2023 (511), Sch 1\\[1\\].","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Use of body-worn recording device by sheriff’s officer","content":"#### 5A Use of body-worn recording device by sheriff’s officer\n\n5A Use of body-worn recording device by sheriff’s officer\n\n> > (1) For the Act, section 9(2)(e), the use of a body-worn recording device by a sheriff’s officer is permitted in court premises if—\n> > \n> > > (a) the use of the device is governed by a written agreement between the Sheriff and the head of the court concerned, however described, and\n> > \n> > > (b) the officer is using the device while acting in the execution of the officer’s duties, and\n> > \n> > > (c) the device is prominently attached to the officer’s uniform, and\n> > \n> > > (d) at least one of the following applies to the use of the device by the officer—\n> > > \n> > > > (i) before making a recording, the officer made a reasonable attempt to ensure the person likely to be recorded by the device was aware the device was capable of recording images or sound, or both,\n> > > \n> > > > (ii) in the opinion of the officer, there is a significant risk of harm to the officer or another person,\n> > > \n> > > > (iii) the recording of images or sound, or both, by the device is inadvertent or unexpected.\n> \n> > (2) This section is repealed at the end of 30 November 2026.\n> \n> **s 5A:** Ins 2023 (511), Sch 1\\[2\\]. Am 2024 (575), Sch 1\\[1\\]; 2025 (632), Sch 1\\[1\\].","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Permissible transmission of court proceedings","content":"#### 6 Permissible transmission of court proceedings\n\n6 Permissible transmission of court proceedings\n\n> For the purposes of the Act, section 9A(2)(f), the transmission of sounds, images or information in the following circumstances is prescribed—\n> \n> > (a) by a journalist for the purposes of a media report on the proceedings concerned,\n> \n> > (b) by a lawyer,\n> \n> > (c) by a person who is authorised to do so by or under a practice note or policy direction issued by the senior judicial officer of the court concerned,\n> \n> > (d) by a court officer or member of staff of the court concerned, including a member of staff of a judicial officer of the court, acting in the usual course of the court officer’s or member’s duties.","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Exemption from restriction on transmission or distribution of court recording","content":"#### 6A Exemption from restriction on transmission or distribution of court recording\n\n6A Exemption from restriction on transmission or distribution of court recording\n\n> > (1) For the Act, section 9B(2)(c), the transmission or distribution of a recording of court proceedings is prescribed if—\n> > \n> > > (a) the recording was obtained by a police officer using body-worn video in accordance with section 5(c), and\n> > \n> > > (b) the transmission or distribution is in connection with the exercise of a law enforcement function by a police officer.\n> \n> > (2) For the Act, section 9B(2)(c), the transmission or distribution of a recording of court proceedings is prescribed if the recording was obtained by a sheriff’s officer using a body-worn recording device in accordance with section 5A.\n> \n> > (3) Subsection (2) and this subsection are repealed on 30 November 2026.\n> \n> **s 6A:** Ins 2023 (511), Sch 1\\[3\\]. Am 2024 (575), Sch 1\\[2\\]; 2025 (632), Sch 1\\[2\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Things required to be surrendered for safekeeping","content":"#### 7 Things required to be surrendered for safekeeping\n\n7 Things required to be surrendered for safekeeping\n\n> For the purposes of the Act, section 11(1)(d), the following things and classes of things are prescribed—\n> \n> > (a) flammable liquids,\n> \n> > (b) glass containers, including glass bottles,\n> \n> > (c) sporting equipment that may be used as a weapon, including sporting bats,\n> \n> > (d) tools that may be used as a weapon, including hammers and screwdrivers,\n> \n> > (e) personal transport items, including scooters and skateboards,\n> \n> > (f) spray cans,\n> \n> > (g) marker pens,\n> \n> > (h) remotely piloted aircraft within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), Part 13A.\n> \n> **s 7:** Am 2023 (511), Sch 1\\[4\\].","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Prescribed courts","content":"#### 7A Prescribed courts\n\n7A Prescribed courts\n\n> For the Act, section 4(1), definition of court, paragraph (n), the following are prescribed—\n> \n> > (a) the Mental Health Review Tribunal,\n> \n> > (b) the Personal Injury Commission.\n> \n> **s 7A:** Ins 2021 (551), sec 3. Rep 2023 No 7, Sch 2.13. Ins 2025 (602), Sch 1. Subst 2026 (111), Sch 1.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Form of certificates of identification for security officers","content":"#### 8 Form of certificates of identification for security officers\n\n8 Form of certificates of identification for security officers\n\n> For the purposes of the Act, section 21(3), the following form is prescribed—\n> \n> ([Court Security Act 2005](/view/html/inforce/current/act-2005-001), section 21(3))\n> \n> I, the Sheriff of New South Wales, certify that the holder of this certificate, \\[*insert name of security officer*\\] whose photograph, \\[\\**name/authority number*\\] and signature appear below, is a security officer for the purposes of the [Court Security Act 2005](/view/html/inforce/current/act-2005-001) who is authorised to exercise in court premises the powers of a security officer under that Act.\n> \n> |  |  |  |\n> |  |  | *Name/Authority number: [insert name or authority number] |\n> |  | [affix photograph here] | Signature of security officer: [insert signature] |\n> |  |  | Signature of Sheriff: [insert signature] |\n> |  |  |  |\n> \n> Note.\n> \n> \\*Omit either name or authority number, as required.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Repeal and savings","content":"#### 9 Repeal and savings\n\n9 Repeal and savings\n\n> > (1) The [Court Security Regulation 2016](/view/html/repealed/current/sl-2016-0541) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Court Security Regulation 2016](/view/html/repealed/current/sl-2016-0541), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n| Column 1 | Column 2 |\n| Provision | Penalty |\n| Offences under the Act |\n| Section 7A(2) | $110 |\n| Section 10(4) | $110 |\n| Section 11(3) | $110 |\n| Section 15(2) | $110 |","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Status Information / Notes (Staged repeal)","severity":"medium","reasoning":"A provision that is designed to repeal itself on 30 November 2026 is rendered entirely nugatory by the regulation's automatic repeal on 1 September 2026. The self-repeal provision is legally inert and serves no purpose whatsoever. While this does not create a direct harm, it represents a drafting absurdity where a mechanism is included that cannot logically ever be activated.","confidence":0.88,"description":"Section 5A(2) provides that it will repeal section 5A at the end of 30 November 2026, but the entire regulation is scheduled for automatic repeal on 1 September 2026 under the Subordinate Legislation Act 1989. This means the self-repeal mechanism in section 5A(2) can never operate, as the regulation ceases to exist approximately three months before the self-repeal is triggered."},{"type":"impossible_compliance","section":"Status Information / Notes (Staged repeal)","severity":"medium","reasoning":"A subsection that purports to repeal itself on a date that falls after the regulation's automatic repeal date creates a logical impossibility: there is nothing left to repeal by 30 November 2026. Additionally, the self-referential nature of 6A(3) scheduling its own repeal is a minor logical curiosity in itself, but the timing issue elevates it to a genuine drafting flaw.","confidence":0.88,"description":"Similarly, section 6A(3) purports to repeal sections 6A(2) and 6A(3) on 30 November 2026, but again the parent regulation is automatically repealed on 1 September 2026. Section 6A(3) is a self-referential provision that schedules the repeal of itself and a sibling subsection on a date after the entire instrument ceases to exist."},{"type":"other","section":"Status Information / Notes","severity":"low","reasoning":"While it is standard practice to flag pending amendments, presenting a version as definitively 'current' while explicitly noting it omits operative future provisions creates potential confusion about what the actual current law requires. This is a transparency and clarity issue rather than a strict logical impossibility.","confidence":0.65,"description":"The status notes state that the current version 'does not include amendments by' sections 5A(2) and 6A(3), implying those amendments are future and not yet operative. However, the current in-force version is dated 30 March 2026, which is already past the last point-in-time version update, meaning the published version is simultaneously described as current and as not yet reflecting known future changes, creating an ambiguous legal status for readers trying to determine the complete operative law."}],"contradictions":[{"severity":"medium","section_a":"Status Information / Notes — Sec 5A(2) repeals Sec 5A at end of 30.11.2026","section_b":"Status Information / Notes — Staged repeal on 1 September 2026 under Subordinate Legislation Act 1989","confidence":0.87,"description":"The internal repeal mechanism in section 5A(2) sets a repeal date of 30 November 2026, which directly contradicts the automatic staged repeal of the entire regulation on 1 September 2026. These two dates are irreconcilable: the regulation cannot both exist on 30 November 2026 (for section 5A(2) to operate) and have already been repealed on 1 September 2026."},{"severity":"medium","section_a":"Status Information / Notes — Sec 6A(3) repeals Sec 6A(2) and (3) on 30.11.2026","section_b":"Status Information / Notes — Staged repeal on 1 September 2026 under Subordinate Legislation Act 1989","confidence":0.87,"description":"Section 6A(3)'s scheduled repeal of sections 6A(2) and (3) on 30 November 2026 is contradicted by the automatic repeal of the entire regulation on 1 September 2026. The provisions targeted by section 6A(3) will have already been extinguished approximately three months before section 6A(3) purports to extinguish them."}]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation was introduced to replace the repealed 2016 regulation and has been amended to add new provisions (e.g., body-worn video by sheriff’s officers, new prescribed courts), but the core purpose of regulating court security, recording devices, and prohibited items remains consistent. The scope has not expanded significantly beyond its original intent."},"complexity_factors":["Cross-references to the Court Security Act 2005 and other Acts (e.g., Surveillance Devices Act 2007, Crimes (Administration of Sentences) Act 1999)","Conditional provisions for use of body-worn recording devices (section 5A) with a sunset clause repealing on 30 November 2026","Multiple amendments adding and substituting sections (e.g., sections 5A, 6A, 7A)","Prescription of specific items for surrender and specific courts with detailed descriptions"],"plain_english_summary":"This regulation sets out detailed rules for court security in New South Wales. It specifies that only bags or containers with the Sheriff’s insignia issued by a security officer can be used to carry restricted items (like weapons) into court. It allows recording devices to be used in certain court premises with approval (e.g., in the Civil and Administrative Tribunal or Local Court) and permits police officers to use body-worn cameras under an agreement with the Sheriff. It also allows sheriff’s officers to use body-worn recording devices until 30 November 2026, but only if certain conditions are met (e.g., the device is visibly attached, and the officer tries to inform people they are being recorded unless there is a risk of harm). Journalists, lawyers, and people authorised by a court can transmit court proceedings. The regulation lists items that must be surrendered for safekeeping, such as flammable liquids, glass bottles, tools that could be used as weapons, scooters, skateboards, spray cans, marker pens, and drones. It adds the Mental Health Review Tribunal and the Personal Injury Commission as prescribed courts subject to security rules. Finally, it sets penalty amounts ($110) for offences like failing to comply with a security direction or refusing to surrender a restricted item, allowing these to be dealt with by penalty notice rather than full court proceedings."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly focused on its original purpose of operationalising the Court Security Act 2005. The 2023 and subsequent amendments added body-worn camera provisions for sheriff's officers and updated the list of prohibited items, but these are natural extensions of existing security frameworks rather than scope creep. The temporary nature of the sheriff's officer recording provisions (sunset clause) suggests experimental expansion rather than permanent broadening."},"complexity_factors":["Short length (9 sections plus schedule)","Minimal defined terms (only 'the Act' defined in the body; relies on external definitions from the Court Security Act 2005 and Interpretation Act 1987)","Straightforward conditional logic (simple 'if-then' structures in sections 4, 5, 5A, 6, 6A, 7)","Single cross-reference layer (references back to specific sections of the parent Act rather than complex nested references)","Sunset clauses creating temporary provisions (sections 5A and 6A(2)-(3) expire 30 November 2026)","Simple tabular format for penalty schedule with only 4 offences listed","No exceptions to exceptions or deeply nested subsections (maximum nesting is 3 levels in section 5A(1)(d))"],"plain_english_summary":"This Regulation sets out the practical rules for keeping courts safe in New South Wales. It works together with the Court Security Act 2005.\n\n**What it does:**\n- **Security screening:** Lists what people must hand over at court security checkpoints (flammable liquids, glass bottles, sporting equipment that could be used as weapons, tools like hammers, scooters, spray cans, marker pens, and drones).\n- **Recording devices:** Sets out when people can use cameras or recording equipment in courts. Generally banned, but allowed for:\n  - Journalists reporting on cases\n  - Lawyers doing their job\n  - Court staff in their normal duties\n  - Police officers wearing body cameras (under specific agreements)\n  - Sheriff's officers wearing body cameras (under strict conditions including warning people they're being recorded, or when there's a safety risk)\n- **Exhibits:** Allows certain bags or containers marked with the Sheriff's official badge to carry restricted items as evidence.\n- **Penalty notices:** Sets fines ($110) for minor security breaches like refusing to surrender dangerous items or ignoring security officer directions.\n- **Security officer ID:** Provides the official certificate format that court security officers must carry.\n\n**Who it affects:** Anyone entering NSW court buildings (lawyers, witnesses, jurors, journalists, police, sheriff's officers, and the general public), plus court administrators and security staff.\n\n**Why it matters:** It balances public safety (keeping weapons and dangerous items out of courts) with practical needs (letting lawyers and journalists do their jobs, allowing police and sheriffs to record incidents for evidence or safety). The body-worn camera rules for sheriff's officers include a sunset clause—they expire on 30 November 2026 unless extended."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears to have remained focused on its original purpose of governing security arrangements in NSW courts. The multiple amendments suggest incremental updates (likely adding specific courts or adjusting procedures) rather than any fundamental expansion or contraction of scope. The self-repealing provisions (ss 5A and 6A) suggest some temporary COVID-era or transitional measures were added and are now being wound back, which is consistent with minor scope adjustments rather than a change in core intent."},"complexity_factors":["Multiple point-in-time versions (8 versions since 2021) requiring careful identification of which version applies at any given date","Self-repealing provisions within the regulation itself (ss 5A and 6A), creating internal sunset clauses that add a time-layered dimension","Pending automatic repeal under the Subordinate Legislation Act 1989, meaning the whole regulation expires unless remade","Interaction between the parent Act (Court Security Act) and this subordinate regulation — you need both to understand the full legal picture","Limited substantive content available in the provided text, making it difficult to assess the full operational complexity of the security rules themselves"],"plain_english_summary":"## Court Security Regulation 2021 (NSW)\n\n**What is this?**\nThis is a NSW regulation (a set of detailed rules made under a broader law called the *Court Security Act*) that sets out rules about security in NSW courts. It covers things like who can enter court buildings, what security officers can do, and what items or behaviours are prohibited in court premises.\n\n**Who does it affect?**\n- Anyone who attends a NSW court — whether as a party to a case, a witness, a juror, a lawyer, or just a member of the public\n- Court security officers and staff\n- People who may be refused entry or removed from court premises\n\n**Why does it matter to you?**\nIf you're going to a NSW court, this regulation determines what security checks you might face at the door, what you can and can't bring in, and what powers security staff have over you. It's the rulebook for how courts are kept safe.\n\n**Important technical notes:**\n- This regulation has been updated **multiple times** since it was first made in August 2021, with the most recent change taking effect 30 March 2026\n- It is scheduled to be **automatically cancelled (repealed) on 1 September 2026** under a general NSW law that requires old regulations to be reviewed and remade periodically\n- Two specific provisions (sections 5A and parts of 6A) will also self-cancel on 30 November 2026 — meaning they are temporary measures built into the regulation itself\n\n**Bottom line:** This regulation is winding down and will cease to exist in September 2026 unless it is renewed or replaced."}},"importantCases":[],"_links":{"self":"/api/acts/court-security-regulation-2021","history":"/api/acts/court-security-regulation-2021/history","analysis":"/api/acts/court-security-regulation-2021/analysis","conflicts":"/api/acts/court-security-regulation-2021/conflicts","importantCases":"/api/acts/court-security-regulation-2021/important-cases","documents":"/api/acts/court-security-regulation-2021/documents"}}