{"id":"F2023L01389","name":"Court Security Regulations 2023","slug":"court-security-regulations-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104892,"registerId":"commonwealth-F2023L01389-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Court Security Regulations 2023.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Court Security Act 2013.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Court Security Act 2013.\n\n> AFP Commissioner means the Commissioner within the meaning of the Australian Federal Police Act 1979.\n\n> NSW Sheriff means the Sheriff within the meaning of the Sheriff Act 2005 (NSW).\n\n> NSW sheriff’s officer means a sheriff’s officer within the meaning of the Sheriff Act 2005 (NSW).\n\n> NT deputy sheriff means a person appointed to be a deputy sheriff under the Sheriff Act 1962 (NT).","sortOrder":3},{"sectionNumber":"5A","sectionType":"section","heading":"Administrative head—Family Court of Western Australia","content":"#### 5A Administrative head—Family Court of Western Australia\n\n  For the purposes of item 5 of the table in the definition of administrative head of a court in section 5 of the Act, the person occupying the position of Director General of the Department of Justice of Western Australia is prescribed.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Security officers and authorised court officers","content":"## Part 2—Security officers and authorised court officers","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Appointment of security officers—prescribed qualifications","content":"#### 6 Appointment of security officers—prescribed qualifications\n\n  (1) For the purposes of section 9 of the Act, this section prescribes the qualifications a person must have to be appointed by the administrative head of a court as a security officer.\n  (2) The qualifications are:\n    (a) either:\n    (i) a Certificate II in Security Operations; or\n    (ii) another qualification that the administrative head of the court considers is at least equivalent to a Certificate II in Security Operations; and\n    (b) successful completion of training mentioned in subsection (3).\n  (3) For paragraph (2)(b), the training is training that:\n    (a) is approved in writing by the administrative head of the court; and\n    (b) is designed:\n    (i) to make the person familiar with the Act and this instrument, and the court’s security policies and protocols; and\n    (ii) to give the person competence in exercising the powers of a security officer under the Act.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Appointment of authorised court officers—prescribed training","content":"#### 7 Appointment of authorised court officers—prescribed training\n\n  (1) For the purposes of section 10 of the Act, this section prescribes the training a person must have completed to be appointed by the administrative head of a court as an authorised court officer.\n  (2) The training is training that:\n    (a) is approved in writing by the administrative head of the court; and\n    (b) is designed:\n    (i) to make the person familiar with the Act and this instrument, and the court’s security policies and protocols; and\n    (ii) to give the person competence in exercising the powers of an authorised court officer under the Act.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Identity cards—prescribed form","content":"#### 8 Identity cards—prescribed form\n\n  (1) For the purposes of paragraph 12(2)(a) of the Act, this section prescribes the form an identity card issued to a person must be in.\n  (2) An identity card must state the following:\n    (a) the name of the person to whom the card is issued;\n    (b) that the person is a security officer or an authorised court officer (as applicable);\n    (c) the date the card was issued to the person;\n    (d) the date the card will expire.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Identity cards—exceptions to requirement to issue identity card","content":"#### 9 Identity cards—exceptions to requirement to issue identity card\n\n  For the purposes of subparagraph 13(a)(ii) of the Act, the NSW Sheriff is prescribed.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Where powers may be exercised—prescribed persons","content":"#### 10 Where powers may be exercised—prescribed persons\n\n  For the purposes of subparagraph 33(b)(ii) of the Act, the following persons are prescribed:\n    (a) the NSW Sheriff;\n    (b) a NSW sheriff’s officer;\n    (c) a NT deputy sheriff.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Complaints about AFP security officers","content":"#### 11 Complaints about AFP security officers\n\n  (1) For the purposes of subsections 35(2) and 37(2) of the Act, this section provides for how an administrative head of a court must deal with a complaint made under subsection 35(1) or 37(2) of the Act in relation to a security officer who is not appointed under section 9 of the Act.\n  (2) The administrative head of the court must refer the complaint to:\n    (a) the AFP Commissioner; or\n    (b) a person who has been delegated, under section 69C of the Australian Federal Police Act 1979, any of the AFP Commissioner’s powers, functions and duties under Part V of that Act.","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not create new substantive powers; it prescribes qualifications, approved training, identity‑card form and limited exceptions (ss6–9), names persons authorised to exercise powers (s10), sets complaint referral for AFP officers (s11), and designates the WA administrative head (s5A). These are procedural and administrative prescriptions under the Court Security Act 2013 (s3) rather than expansions or removals of the Act’s core powers."},"complexity_factors":["Administrative head discretion to approve equivalent qualifications and to approve training (s6(2)(a)(ii); s6(3)(a); s7(2)(a)) — creates interpretive discretion and reliance on administrative approvals.","Prescribed minimum qualification plus required approved training for security officers (s6(2)-(3)) and approved training for authorised court officers (s7(1)-(2)) — a compliance burden for appointees and employers.","Identity card content prescribed and an exception for the NSW Sheriff (s8(1)-(2); s9) — introduces operational requirements and a one-jurisdiction exception.","Cross‑jurisdictional prescriptions naming NSW and NT sheriff officers as persons who may exercise powers (s10) — requires coordination across state/territory officeholders and the Commonwealth regime.","Complaint handling for AFP security officers mandates referral to the AFP Commissioner or delegated AFP official (s11(1)-(2)) — shifts investigatory handling outside the court administrative head for certain officers.","Prescribing the WA Director General as administrative head for the Family Court of WA (s5A) — clarifies administrative responsibility but changes which office bears approval powers under the instrument.","Reliance on other statutes and external offices (Act authority at s3; definitions referencing Australian Federal Police Act 1979, Sheriff Acts) — increases legal interdependence and potential interpretive issues."],"plain_english_summary":"This instrument prescribes minimum qualifications and court-approved training for appointing security officers and authorised court officers, sets the form and exceptions for identity cards, designates certain sheriff and deputy sheriff roles as persons who may exercise court-security powers, and requires complaints about AFP security officers to be referred to the AFP Commissioner. It also designates the WA Director General of the Department of Justice as the Family Court of Western Australia’s administrative head. It affects court administrators, security staff and law‑enforcement agencies by creating compliance and approval duties."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of prescribing administrative details, qualifications, and procedural requirements under the Court Security Act 2013. There is no evidence of scope creep; the instrument does exactly what its enabling Act anticipates."},"complexity_factors":["Short instrument with only 11 operative sections","Minimal defined terms (5 definitions in section 5, plus 4 role-specific terms scattered through text)","Straightforward conditional structure (simple 'and/or' logic in qualifications)","Heavy reliance on external references (Court Security Act 2013, various state/territory Sheriff Acts, Australian Federal Police Act 1979) without reproducing that content","No nested exceptions or complex temporal provisions","Single purpose instrument (prescribing qualifications, training, and administrative details) that stays tightly within its enabling Act"],"plain_english_summary":"These regulations set practical rules for who may work as court security or authorised court officers in federal courts, the minimum training and qualifications required, and identity‑card requirements. They also clarify how state and territory officers (like sheriffs) and AFP personnel fit into court security roles and how complaints about AFP officers must be handled.\n\nThe rules affect court security staff, court administrators who appoint and train them, and members of the public who interact with or complain about court security."}},"importantCases":[],"_links":{"self":"/api/acts/court-security-regulations-2023","history":"/api/acts/court-security-regulations-2023/history","analysis":"/api/acts/court-security-regulations-2023/analysis","conflicts":"/api/acts/court-security-regulations-2023/conflicts","importantCases":"/api/acts/court-security-regulations-2023/important-cases","documents":"/api/acts/court-security-regulations-2023/documents"}}