{"id":"sheriffs-act-1978","name":"Sheriff's Act 1978","slug":"sheriff-s-act-1978","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109931,"registerId":"sa-sheriffs-act-1978-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sheriff's Act 1978","content":"South Australia\nSheriff's Act 1978\nAn Act to provide for the appointment of the sheriff and other officers and for their duties and powers, including duties and powers relating to security and order at courts and other places; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\nPart 2—Sheriff's office\n5\tThe Sheriff\n6\tDeputy sheriffs and sheriff's officers\n7\tProvision for case where sheriff should not execute process\n8\tDuties of the sheriff\n9\tSheriff to attend at criminal sittings\nPart 3—Security and order at courts and other places\nDivision 1—Administration\n9A\tSheriff's responsibilities\n9B\tSecurity officers\n9C\tIdentification of security officers\n9D\tArrangements under which police officers may exercise powers of security officers\n9DA\tSheriff etc may be assisted by police officers\nDivision 2—General powers\n9E\tGeneral powers\nDivision 3—Powers of search\n9F\tConduct of search for restricted items\nDivision 4—Miscellaneous\n9G\tDealing with restricted and other items\n9H\tSecurity officer may act on reasonable belief that person required by law to attend premises\n9I\tRefusal of entry to or removal from premises is no excuse for non‑attendance\n9J\tProhibition on use of spit hoods\nPart 4—Miscellaneous\n10\tProcedure on arrest\n11\tOffences\n12\tImmunity\n14\tSheriff not disqualified from being justice of the peace\n15\tNo licence required for the purpose of sheriff's sales\n15A\tNon-derogation\n16\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Sheriff's Act 1978.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAdministrator means the person for the time being holding or acting in the office of the State Courts Administrator under the Courts Administration Act 1993;\ncourt means—\n\t(a)\tthe Supreme Court; or\n\t(b)\tthe District Court; or\n\t(ba)\tthe Environment, Resources and Development Court; or\n\t(c)\tthe Magistrates Court; or\n\t(d)\tthe Youth Court of South Australia;\njudge includes a magistrate or a justice;\nparticipating body means—\n\t(a)\ta participating court within the meaning of the Courts Administration Act 1993;\n\t(b)\ta person or body declared by regulation to be a participating body;\npremises of a participating body means—\n\t(a)\tany premises or place occupied in connection with the operation of a participating body (whether on a permanent or temporary basis), including—\n\t(i)\tthe precincts and immediate environs of the premises or place and adjacent carparks and footpaths; and\n\t(ii)\tlaneways between or abutting the premises or place; and\n\t(iii)\tany premises or place at which the body is conducting a view or inspection for the purposes of proceedings;\n\t(b)\tcourt buildings and the exit and entry points and steps to those buildings;\nprincipal officer—\n\t(a)\tin relation to a participating body that is a participating court within the meaning of the Courts Administration Act 1993—means the judicial head of the participating court;\n\t(b)\tin relation to any other participating body—means the officer designated by regulation as the principal officer of the body for the purposes of this Act;\nproceedings includes any form of inquiry, examination or proceeding conducted by or before a participating body;\nrestricted item means—\n\t(a)\tan explosive, an explosive device or an incendiary device;\n\t(b)\ta dangerous article, offensive weapon or prohibited weapon, in each case within the meaning of section 21A of the Summary Offences Act 1953;\n\t(ba)\ta firearm within the meaning of the Firearms Act 2015;\n\t(c)\tan item that a person is prohibited from using or possessing while on the premises (or a particular part of the premises) of a participating body by rules of the body or by direction of the body or a member of the body given generally or in a specific case;\n\t(d)\tany other item that is reasonably capable of being used to jeopardise the security of persons or property or the orderly conduct of proceedings;\nsecurity officer means—\n\t(a)\tthe sheriff;\n\t(b)\ta deputy sheriff;\n\t(c)\ta sheriff's officer appointed by the sheriff to be a security officer;\n\t(d)\ta police officer authorised in accordance with an arrangement under section 9D to exercise the powers of a security officer.\n\t(2)\tFor the purposes of this Act, a person is required by law to attend the premises of a participating body if, and only if—\n\t(a)\tthe person is brought to the premises in lawful custody; or\n\t(b)\tthe person attends the premises as required by the terms or conditions of a bail agreement; or\n\t(c)\tthe person attends the premises in obedience to an order, summons, subpoena, or any other process having the same effect as a summons or subpoena, made or issued by the participating body or a member or officer of the participating body; or\n\t(d)\tthe person attends the premises in obedience to a summons under the Juries Act 1927.\nPart 2—Sheriff's office\n5—The Sheriff\n\t(1)\tThere will be a sheriff.\n\t(2)\tThe sheriff will be an officer of the Supreme Court.\n\t(3)\tThe sheriff will be appointed under the Courts Administration Act 1993.\n\t(4)\tA person cannot be appointed as sheriff, nor can a person holding that office be dismissed or reduced in status after appointment, except on the recommendation, or with the concurrence, of the Chief Justice of the Supreme Court.\n6—Deputy sheriffs and sheriff's officers\n\t(1)\tThere will be such deputy sheriffs and sheriff's officers (appointed under the Courts Administration Act 1993) as are necessary to assist the sheriff in the performance of his or her duties.\n\t(2)\tA person cannot be appointed as a deputy sheriff or sheriff's officer, nor can a person so appointed be dismissed or reduced in status after appointment, except on the recommendation, or with the concurrence, of the sheriff.\n\t(3)\tThe sheriff may, by instrument in writing, appoint any person to be a deputy sheriff or sheriff's officer—\n\t(a)\tfor the purposes of a particular proceeding; or\n\t(b)\tfor the period specified in the instrument.\n\t(4)\tA person appointed under subsection (3) is not, by virtue of that appointment, a Public Service employee and is to be appointed on terms and conditions approved by the State Courts Administration Council.\n\t(5)\tA deputy sheriff has, in relation to any matter within the scope of his or her appointment, the powers, duties and immunities of the sheriff, but is subject to direction by the sheriff.\n7—Provision for case where sheriff should not execute process\n\t(1)\tWhere—\n\t(a)\tthe sheriff is unable, for any reason, to carry out any duties; or\n\t(b)\tit is for any other reason expedient to exercise the powers conferred by this subsection,\na court or a judge may appoint a fit and proper person to execute any process, or to carry out the duties of the sheriff in relation to any matter.\n\t(2)\tWhere—\n\t(a)\tany process is directed against the sheriff; or\n\t(b)\tit is otherwise improper for the sheriff to execute any process,\nthe court or a judge may appoint any fit and proper person to execute that process.\n\t(3)\tA person appointed pursuant to subsection (1) or (2) has, in relation to any matter within the scope of the person's appointment, the powers, duties and immunities of the sheriff.\n8—Duties of the sheriff\nThe sheriff must—\n\t(a)\texecute or cause to be executed all process, civil or criminal, directed to the sheriff by a court; and\n\t(b)\tperform all other duties imposed on the sheriff by or under an Act; and\n\t(c)\tobserve and carry out any direction of a court.\n9—Sheriff to attend at criminal sittings\n\t(1)\tThe sheriff must—\n\t(a)\tattend personally; or\n\t(b)\tcause one of the sheriff's officers to attend,\nany criminal session of a court.\n\t(2)\tThe sheriff must, at the request of a court—\n\t(a)\tattend personally; or\n\t(b)\tcause one of the sheriff's officers to attend,\nany sittings of that court.\nPart 3—Security and order at courts and other places\nDivision 1—Administration\n9A—Sheriff's responsibilities\nThe sheriff is responsible to the principal officer of a participating body for providing assistance in the maintenance of security and orderly conduct at the premises of the body.\n9B—Security officers\n\t(1)\tThe sheriff may appoint sheriff's officers as security officers.\n\t(2)\tAn appointment under subsection (1) may be made subject to conditions limiting the powers exercisable by the security officer.\n\t(3)\tThe sheriff may, by notice in writing to a security officer—\n\t(a)\tvary or revoke a condition of the appointment or impose a condition; or\n\t(b)\trevoke the appointment.\n\t(4)\tIf a person appointed as a security officer ceases to be a sheriff's officer, the person's appointment as a security officer is revoked.\n9C—Identification of security officers\n\t(1)\tA security officer appointed by the sheriff must be issued with an identity card in a form approved by the Administrator—\n\t(a)\tcontaining a photograph of the person and the person's name or a unique identification code; and\n\t(b)\tstating that the person is a security officer under this Act.\n\t(2)\tIf the powers of a security officer have been limited by condition, the identity card must contain a statement of those limitations.\n\t(3)\tA security officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act or any other Act, produce his or her identity card for inspection by the person.\n\t(4)\tIf a person in possession of an identity card issued to the person under this section ceases to be a security officer, the person must forthwith return the identity card to the sheriff.\nMaximum penalty: $1 250.\n9D—Arrangements under which police officers may exercise powers of security officers\n\t(1)\tThe sheriff may enter into an arrangement with the Commissioner of Police under which police officers are authorised (without appointment) to exercise the powers of security officers on a temporary basis.\n\t(2)\tIn exercising powers pursuant to such an arrangement, a police officer is responsible to the sheriff.\n\t(3)\tIn any proceedings an apparently genuine document purporting to be a certificate of the sheriff certifying that a specified police officer was authorised for a specified period or at a specified time or in specified circumstances to exercise the powers of a security officer in accordance with an arrangement under subsection (1) constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n9DA—Sheriff etc may be assisted by police officers\n\t(1)\tThe sheriff, deputy sheriff and any other officer appointed under this Act may, in the performance or exercise of their functions or powers under this or any other Act or law, be assisted by a police officer.\n\t(2)\tWithout limiting any other power a police officer may have, a police officer providing assistance under this section will be taken to have the powers of the sheriff under the Enforcement of Judgments Act 1991.\n\t(3)\tWithout limiting a preceding subsection, the sheriff may enter into an arrangement with the Commissioner of Police in respect of the operation of this section.\nDivision 2—General powers\n9E—General powers\n\t(1)\tA security officer may, subject to the conditions of the officer's appointment, exercise the following powers:\n\t(a)\tthe officer may give a person on or within the precincts of the premises of a participating body reasonable directions for the purposes of maintaining or restoring security or orderly conduct at the premises or for securing the safety of any person arriving at, attending or departing from the premises;\n\t(b)\tif a person refuses to comply with a direction given under paragraph (a) or a person on or within the precincts of the premises of a participating body is behaving in an unlawful manner, the officer may—\n\t(i)\trefuse the person entry to or remove the person from the premises or part of the premises of the participating body using only such force as is reasonably necessary for the purpose; or\n\t(ii)\tcause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable;\n\t(c)\tthe officer may assist in bringing a person who is in lawful custody to the premises of a participating body, or in taking a person who is in lawful custody from the premises of a participating body to a place at which the person is being or is to be detained;\n\t(d)\tthe officer may take into custody a person who is on the premises of a participating body and whose release on bail is revoked by the body;\n\t(e)\tthe officer may keep in custody a person who is on the premises of a participating body and who is in lawful custody or surrenders himself or herself into the custody of the body;\n\t(f)\tthe officer may, without warrant, arrest a person who—\n\t(i)\tescapes from the custody of a security officer; or\n\t(ii)\tappears to have escaped from lawful custody while on, or being brought to or taken from, the premises of a participating body;\n\t(g)\tthe officer may, at the direction of a participating body or a member of a participating body—\n\t(i)\tkeep in custody any person who is to appear before the body and who is on the premises of the body;\n\t(ii)\trestrain a person appearing before the body or take other action for the purposes of maintaining or restoring security or orderly conduct in proceedings before the body;\n\t(h)\tif specified persons are not entitled to attend proceedings before a participating body or the proceedings are not open to the public—\n\t(i)\tthe officer may require any person on or about to enter a part of the premises of a participating body where the proceedings are being or are to be conducted to provide information reasonably required for the purposes of determining whether the person is entitled to attend the proceedings; and\n\t(ii)\tif a person refuses to comply with a requirement under subparagraph (i) or the officer believes on reasonable grounds that a person is not entitled to attend the proceedings, the officer may refuse the person entry to or remove the person from the premises of the participating body, or the part of the premises where the proceedings are being or are to be conducted, using only such force as is reasonably necessary for the purpose.\n\t(2)\tA person who refuses to comply with a direction of a security officer given under subsection (1)(a) is guilty of an offence.\nMaximum penalty: $2 500 or imprisonment for 6 months.\nDivision 3—Powers of search\n9F—Conduct of search for restricted items\n\t(1)\tA security officer may, subject to the conditions of the officer's appointment, exercise the following powers in relation to a person who is on or about to enter the premises of a participating body:\n\t(a)\tthe officer may require the person—\n\t(i)\tto submit to a search of the person for the presence of restricted items by means of a scanning device;\n\t(ii)\tto allow the person's possessions to be searched for the presence of restricted items by means of a scanning device or by a physical search;\n\t(iii)\tto do anything reasonably necessary for the purposes of a search under this paragraph;\n\t(b)\tthe officer may require the person to inform the officer whether or not the person is required by law to attend the premises;\n\t(c)\tif the person is required by law to attend the premises, the officer may require the person—\n\t(i)\tto submit to a physical search of the person for the presence of restricted items;\n\t(ii)\tto do anything reasonably necessary for the purposes of the search;\n\t(d)\tif there are reasonable grounds for suspecting that a restricted item is in the clothing or on the body of the person, the officer may require the person—\n\t(i)\tto produce the item for inspection;\n\t(ii)\tto submit to a physical search of the person for the presence of restricted items;\n\t(iii)\tto do anything reasonably necessary for the purposes of the search.\n\t(2)\tThe following provisions apply to a search of a person by means of a scanning device carried out under this section:\n\t(a)\tthe search must be conducted by use of an electronic or mechanical scanning device designed to be used without coming into contact with the body of the person the subject of the search;\n\t(b)\twithout limiting the requirements that may be made under subsection (1)(a)(iii), the person may be required—\n\t(i)\tto remove all items from the pockets of the person's clothing; or\n\t(ii)\tto adopt certain postures;\n\t(c)\tthe person cannot be required to remove clothing or to open his or her mouth and nothing may be introduced into an orifice of the person's body;\n\t(d)\tthe search must be carried out expeditiously and in a manner that avoids undue humiliation of the person.\n\t(3)\tThe following provisions apply to a search of possessions by means of a scanning device, or by a physical search, carried out under this section:\n\t(a)\twithout limiting the requirements that may be made under subsection (1)(a)(iii), the person may be required—\n\t(i)\tto hand over bags or possessions to the officer; or\n\t(ii)\tto open bags or other possessions or to allow bags or other possessions to be opened;\n\t(b)\tthe search must be carried out expeditiously.\n\t(4)\tThe following provisions apply to a physical search of a person carried out under this section:\n\t(a)\twithout limiting the requirements that may be made under subsection (1)(c)(ii) or (d)(iii), the person may be required—\n\t(i)\tto remove all items from the pockets of the person's clothing; or\n\t(ii)\tto open his or her mouth; or\n\t(iii)\tto adopt certain postures; or\n\t(iv)\tto remove outer clothing including footwear and headwear; or\n\t(v)\tto submit to being frisked;\n\t(b)\tthe person cannot be required to remove inner clothing or underwear and nothing may be introduced into an orifice (including the mouth) of the person's body;\n\t(c)\texcept in circumstances where it is not practicable—\n\t(i)\tat least two persons (apart from the person being searched) must be present at all times during the search; and\n\t(ii)\tthe search of the person must be carried out by an officer of the same sex as the person;\n\t(d)\tthe search must be carried out expeditiously and in a manner that avoids undue humiliation of the person and, as far as reasonably practicable, avoids offending cultural values or religious beliefs genuinely held by the person.\n\t(5)\tIf a person does not comply with a requirement made under subsection (1), a security officer may—\n\t(a)\tin the case of a person who is required by law to attend the premises—\n\t(i)\trefuse the person entry to or remove the person from the premises or part of the premises, using only such force as is reasonably necessary for the purpose; or\n\t(ii)\tdetain the person and apply reasonable force to secure compliance with the requirement or to remove an item required to be produced (but force cannot be applied to open the person's mouth, or to remove anything from the person's mouth, except by or under the supervision of a registered medical practitioner);\n\t(b)\tin any other case—refuse the person entry to or remove the person from the premises or part of the premises, using only such force as is reasonably necessary for the purpose.\n\t(6)\tFailure of a person to comply with a requirement made under subsection (1)(a) does not of itself constitute grounds for suspecting that there is a restricted item in the clothing or on the body of the person.\n\t(7)\tIf a person refuses to comply with a requirement made under subsection (1)(b), the person will be taken, for the purposes of this Part, to be required by law to attend the premises whether or not that is in fact the case.\nDivision 4—Miscellaneous\n9G—Dealing with restricted and other items\nIf a security officer finds, in the possession of a person who is on or about to enter the premises of a participating body—\n\t(a)\ta restricted item; or\n\t(b)\tan item that the officer believes on reasonable grounds to be a restricted item; or\n\t(c)\tan item that the officer believes on reasonable grounds to be in the unlawful possession of the person,\nthe following provisions apply:\n\t(d)\tthe officer may refuse the person entry to or remove the person from the premises or part of the premises, using only such force as is reasonably necessary for the purpose;\n\t(e)\tthe officer may, where the person is in possession of an item referred to in paragraph (c), cause the person and the item to be detained and handed over into the custody of a police officer as soon as reasonably practicable;\n\t(f)\tthe officer may require the person to surrender the item;\n\t(g)\tif a person who is required by law to attend the premises refuses to comply with a requirement made under paragraph (f), the officer may apply reasonable force to remove the item from the person's possession;\n\t(h)\tif an item is so surrendered or removed, the officer must—\n\t(i)\tin the case of an item referred to in paragraph (a) or (b), cause it to be held in safe keeping while the person is on the premises;\n\t(ii)\tin the case of an item referred to in paragraph (c), cause the item to be handed over into the custody of a police officer as soon as reasonably practicable, together with any relevant information the officer may have.\n9H—Security officer may act on reasonable belief that person required by law to attend premises\nIf a security officer believes on reasonable grounds that a person is required by law to attend the premises of a participating body, nothing done by the officer in relation to the person in the exercise or purported exercise of powers under this Part is rendered unlawful by reason of the fact that the person is not required by law to attend those premises.\n9I—Refusal of entry to or removal from premises is no excuse for non‑attendance\nThe fact that a person is lawfully refused entry to, or removed from, premises or a part of premises under this Part is not, for the purposes of any Act or law, an excuse for non-compliance with a requirement or undertaking to attend the premises.\n9J—Prohibition on use of spit hoods\n\t(1)\tA security officer must not place a spit hood on the head of a person.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tSubsection (1) applies despite any other provision of this Act or any other Act or law.\n\t(3)\tIn this section—\nspit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.\nPart 4—Miscellaneous\n10—Procedure on arrest\nSubject to any other Act, a person arrested by the sheriff, a deputy sheriff or a sheriff's officer pursuant to a process issued by a participating body, a member or officer of a participating body or a justice must be brought before the body specified in the process as soon as reasonably practicable and may be detained until that happens.\n11—Offences\n\t(1)\tA person who hinders or obstructs the sheriff, a deputy sheriff, a sheriff's officer, or a person assisting the sheriff, a deputy sheriff or a sheriff's officer in the performance or exercise of functions or powers conferred by this or any other Act (including powers conferred on a person in the capacity of security officer) is guilty of an offence.\nMaximum penalty: $2 500 or 6 months imprisonment.\n\t(2)\tThe sheriff, a deputy sheriff or a sheriff's officer, may arrest any person who commits an offence under subsection (1).\n\t(3)\tA person arrested under subsection (2) must be handed over into the custody of a police officer as soon as reasonably practicable and may be detained until that happens.\n\t(5)\tA person who falsely represents, by words or conduct, that he or she is the sheriff, a deputy sheriff, a sheriff's officer or a security officer, is guilty of an offence.\nMaximum penalty: $2 500 or 6 months imprisonment.\n12—Immunity\n\t(1)\tSubject to this section, civil liability for any wrongful or negligent act or omission of the sheriff, a deputy sheriff or a sheriff's officer in the course of carrying out duties assigned by or under this Act will be determined in accordance with the law of torts.\n\t(2)\tThe sheriff, a deputy sheriff or a sheriff's officer incurs no personal liability in tort for any act or omission in the course of carrying out those duties.\n\t(3)\tAny action or claim to which the sheriff, a deputy sheriff or a sheriff's officer would, but for subsection (2), be liable lies against the Crown.\n14—Sheriff not disqualified from being justice of the peace\nThe sheriff is not disqualified, by reason of the sheriff's office, from appointment as a justice of the peace.\n15—No licence required for the purpose of sheriff's sales\nNo licence or other authority is required under any Act by the sheriff, a deputy sheriff or a sheriff's officer for the purpose of selling real or personal property (by auction or otherwise) in pursuance of the process of a court.\n15A—Non-derogation\nNothing in this Act derogates from the powers of the sheriff or a participating body under any other Act or law.\n16—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tSubject to subsection (3), a regulation may only be made on the recommendation of the State Courts Administration Council.\n\t(3)\tThe recommendation of the State Courts Administration Council is not required for a regulation made under subsection (4)(b).\n\t(4)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tregulate the performance of the duties of the sheriff; and\n\t(ab)\tregulate the performance of the duties of security officers or otherwise regulate matters relating to security or orderly conduct at the premises of participating bodies; and\n\t(ac)\tprovide for the safe keeping of items surrendered or removed from a person's possession under this Act and for the disposal of any such items that remain unclaimed; and\n\t(b)\tprescribe, and provide for the recovery of, fees and expenses payable to the sheriff in relation to the execution of process, the service of documents and any other duty of the sheriff under this Act or any other Act; and\n\t(c)\tprovide for the settlement of disputes as to the amount payable in any case; and\n\t(d)\tprovide for the giving of security for the payment of fees; and\n\t(e)\tprescribe conditions on which property seized in execution may be withdrawn from sale; and\n\t(f)\timpose fines, not exceeding $2 500, for offences against the regulations.\n\t(5)\tRegulations made for the purposes of subsection (4)(b) may provide for all or any of the following matters:\n\t(a)\tspecific fees;\n\t(b)\tmaximum fees;\n\t(c)\tminimum fees;\n\t(d)\tfees that vary according to value, time, class of matter, or on any other basis;\n\t(e)\tfees that differ for different classes of proceedings or different classes of party;\n\t(f)\tthe manner of payment of fees and expenses;\n\t(g)\tthe time or times at which fees are to be paid,\nand it is not necessary for a fee to be related to the actual administrative cost incurred.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Sheriff's Act 1978 amended the following:\nSupreme Court Act 1935\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1978\n82\n Sheriff's Act 1978\n30.11.1978\n6.7.1992 (Gazette 2.7.1992 p209)\n1991\n81\n Sheriff's Act Amendment Act 1991\n12.12.1991\n6.7.1992 (Gazette 2.7.1992 p209)\n1995\n85\n Statutes Amendment (Courts Administration Staff) Act 1995\n30.11.1995\nPt 6 (ss 13 & 14)—14.12.1995 (Gazette 14.12.1995 p1641)\n1996\n67\n Statutes Amendment (Attorney-General's Portfolio) Act 1996\n15.8.1996\nPt 15 (ss 27—29)—17.10.1996 (Gazette 17.10.1996 p1361)\n2000\n49\n Statutes Amendment and Repeal (Security and Order at Courts and Other Places) Act 2000\n20.7.2000\nPt 2 (ss 4—16) & Sch—29.9.2000 (Gazette 28.9.2000 p2221)\n2012\n20\n Summary Offences (Weapons) Amendment Act 2012\n24.5.2012\nSch 1 (cl 3)—15.12.2012 (Gazette 15.11.2012 p5009)\n2015\n46\n Firearms Act 2015\n17.12.2015\nSch 1 (cl 19)—1.7.2017 (Gazette 27.6.2017 p2619)\n2017\n50\n Statutes Amendment (Court Fees) Act 2017\n28.11.2017\nPt 4 (s 6)—5.3.2018 (Gazette 23.1.2018 p282)\n2019\n21\n Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019\n19.9.2019\nPt 13 (s 20)—19.9.2019: s 2(1)\n2021\n47\n Statutes Amendment (Spit Hood Prohibition) Act 2021\n25.11.2021\nPt 4 (s 5)—25.11.2021\n2023\n12\nStatutes Amendment (Civil Enforcement) Act 2023\n30.3.2023\nPt 3 (s 6)—18.9.2023 (Gazette 10.8.2023 p2955)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nsubstituted by 49/2000 s 4\n29.9.2000\nPt 1\nheading inserted by 49/2000 s 5\n29.9.2000\ns 2\ndeleted by 49/2000 s 16 (Sch)\n29.9.2000\ns 3\namended by 81/1991 s 3\n6.7.1992\n\ndeleted by 49/2000 s 16 (Sch)\n29.9.2000\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 49/2000 s 6(d)\n29.9.2000\nAdministrator\ninserted by 49/2000 s 6(a)\n29.9.2000\ncourt\nsubstituted by 81/1991 s 4(a)\n6.7.1992\n\namended by 67/1996 s 27\n17.10.1996\n\namended by 49/2000 s 6(b)\n29.9.2000\njudge\nsubstituted by 81/1991 s 4(b)\n6.7.1992\nparticipating body\ninserted by 49/2000 s 6(c)\n29.9.2000\npremises of a participating body\ninserted by 49/2000 s 6(c)\n29.9.2000\n\nsubstituted by 21/2019 s 20\n19.9.2019\nprincipal officer\ninserted by 49/2000 s 6(c)\n29.9.2000\nproceedings\ninserted by 49/2000 s 6(c)\n29.9.2000\nrestricted item\ninserted by 49/2000 s 6(c)\n29.9.2000\n\namended by 20/2012 Sch 1 cl 3\n15.12.2012\n\namended by 46/2015 Sch 1 cl 19\n1.7.2017\nsecurity officer\ninserted by 49/2000 s 6(c)\n29.9.2000\ns 4(2)\ninserted by 49/2000 s 6(d)\n29.9.2000\nPt 2\nheading inserted by 49/2000 s 7\n29.9.2000\ns 5\nsubstituted by 81/1991 s 5\n6.7.1992\ns 5(3)\namended by 85/1995 s 13\n14.12.1995\ns 6\nsubstituted by 81/1991 s 5\n6.7.1992\ns 6(1)\namended by 85/1995 s 14(a)\n14.12.1995\ns 6(2)\namended by 85/1995 s 14(b)\n14.12.1995\ns 6(4)\namended by 49/2000 s 8\n29.9.2000\ns 7\n\n\ns 7(1) and (3)\namended by 49/2000 s 16 (Sch)\n29.9.2000\ns 8\namended by 81/1991 s 6 \n6.7.1992\n\namended by 49/2000 s 16 (Sch)\n29.9.2000\ns 9\n\n\ns 9(1)\namended by 49/2000 ss 9, 16 (Sch)\n29.9.2000\ns 9(2)\namended by 49/2000 s 16 (Sch)\n29.9.2000\nPt 3\ninserted by 49/2000 s 10\n29.9.2000\ns 9DA\ninserted by 12/2023 s 6\n18.9.2023\ns 9J\ninserted by 47/2021 s 5\n25.11.2021\nPt 4\nheading inserted by 49/2000 s 11\n29.9.2000\ns 10\nsubstituted by 81/1991 s 7\n6.7.1992\n\nsubstituted by 49/2000 s 12\n29.9.2000\ns 11\n\n\ns 11(1)\namended by 67/1996 s 28(a), (b)\n17.10.1996\n\nsubstituted by 49/2000 s 13(a)\n29.9.2000\ns 11(2)\namended by 49/2000 s 16 (Sch)\n29.9.2000\ns 11(3)\nsubstituted by 49/2000 s 13(b)\n29.9.2000\ns 11(4)\ndeleted by 49/2000 s 13(c)\n29.9.2000\ns 11(5)\ninserted by 67/1996 s 28(c)\n17.10.1996\n\nsubstituted by 49/2000 s 13(d)\n29.9.2000\ns 12\n\n\ns 12(1)\namended by 81/1991 s 8\n6.7.1992\n\namended by 49/2000 s 16 (Sch)\n29.9.2000\ns 12(2)\namended by 81/1991 s 8\n6.7.1992\ns 12(3)\namended by 81/1991 s 8\n6.7.1992\n\namended by 49/2000 s 16 (Sch)\n29.9.2000\ns 13\ndeleted by 49/2000 s 16 (Sch)\n29.9.2000\ns 14\namended by 49/2000 s 16 (Sch)\n29.9.2000\ns 15A\ninserted by 49/2000 s 14\n29.9.2000\ns 16\n\n\ns 16(1)—(3)\ninserted by 49/2000 s 15(d)\n29.9.2000\ns 16(4)\ns 16 amended by 67/1996 s 29\n17.10.1996\n\ns 16 amended by 49/2000 ss 15(a)—(c), 16 (Sch)\n29.9.2000\n\ns 16 redesignated as s 16(4) by 49/2000 s 15(d)\n29.9.2000\ns 16(5)\ninserted by 50/2017 s 6\n5.3.2018\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Courts Administration Staff) Act 1995\n20—Transitional provision\n\t(1)\tAn appointment to a non-judicial office or position made or purportedly made before the commencement of this Act in accordance with an Act that is amended by this Act will be taken to have been duly made under the statutory provisions that, as amended by this Act, provide for the making of such an appointment as if this Act had been enacted and in force at the relevant time.\nStatutes Amendment and Repeal (Security and Order at Courts and Other Places) Act 2000\n24—Transitional provision\n\t(1)\tA person who was, immediately before the commencement of this section, employed as a court orderly subject to the Public Sector Management Act 1995 continues in employment as a sheriff's officer and member of the staff of the State Courts Administration Council and will be taken to have been appointed by the sheriff as a security officer.\n\t(2)\tA person who was, immediately before the commencement of this section, employed as a court orderly but not subject to the Public Sector Management Act 1995 continues in employment as a sheriff's officer appointed under s 6(3) of the Sheriff's Act 1978 on the same terms and conditions as applied to the person's employment as a court orderly immediately before that commencement and will be taken to have been appointed by the sheriff as a security officer.\n\t(3)\tNothing in this section—\n\t(a)\taffects an employee's remuneration; or\n\t(b)\taffects the existing or accrued entitlements of an employee; or\n\t(c)\tinterrupts continuity of service; or\n\t(d)\tconstitutes a retrenchment or redundancy.\nSummary Offences (Weapons) Amendment Act 2012, Sch 1 Pt 4—Transitional provision\n4—Declarations by Minister continue\nA declaration by the Minister in force under section 15(2d) of the Summary Offences Act 1953 immediately before the commencement of section 5 continues in force as if it were a declaration by the Minister under section 21F of that Act (as in force after the commencement of section 5).\nHistorical versions\nReprint No 1—6.7.1992\n\nReprint No 2—14.12.1995\n\nReprint No 3—17.10.1996\n\nReprint No 4—29.9.2000\n\n15.12.2012\n\n1.7.2017\n\n5.3.2018\n\n19.9.2019\n\n25.11.2021\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1978 Act was a straightforward statute establishing the Sheriff's office for executing court process and conducting sales. The 2000 amendments (Statutes Amendment and Repeal (Security and Order at Courts and Other Places) Act 2000) dramatically expanded the scope by inserting Part 3, which created a comprehensive court security regime with search powers, arrest powers, and detailed procedures. This transformed the Act from a procedural/administrative statute about civil enforcement into a significant public safety and criminal procedure law regulating physical security at courts. The 2021 addition of the spit hood prohibition (section 9J) further expanded the Act into regulating specific use-of-force techniques, going beyond mere establishment of office duties into substantive prohibitions on conduct."},"complexity_factors":["Moderate length (16 sections plus interpretation) with significant amendments over time creating a patchwork structure","14 defined terms in section 4, several cross-referencing other Acts (Courts Administration Act 1993, Summary Offences Act 1953, Firearms Act 2015, Juries Act 1927)","Nested conditional logic in search powers (section 9F) distinguishing between scanning device searches vs physical searches, and between people required by law to attend vs voluntary attendees","Multiple appointment mechanisms (permanent under Courts Administration Act vs temporary under section 6(3)) with different employment status consequences","Complex interplay between Sheriff's powers and police powers (sections 9D and 9DA) creating overlapping authority","Safeguards and limitations built into search powers (subsections 9F(2)-(4)) requiring specific procedures (same-sex searches, two-person rule, expeditious conduct)","Immunity provisions (section 12) that redirect liability from individual officers to the Crown, requiring understanding of tort law concepts","Transitional provisions showing historical evolution from 1978 through multiple amendments (2000 major rewrite, 2021 spit hood prohibition)"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the office of the Sheriff in South Australia and gives them (and their officers) specific powers to keep courts and other legal premises safe and orderly.\n\n**Who it affects:**\n\n- **The Sheriff and their staff** – deputy sheriffs, sheriff's officers, and security officers they appoint\n- **Courts and tribunals** – including the Supreme Court, District Court, Magistrates Court, Youth Court, and Environment, Resources and Development Court\n- **Anyone entering court premises** – lawyers, witnesses, jurors, accused persons, and members of the public\n- **Police officers** – who can assist or temporarily exercise security officer powers under arrangements with the Sheriff\n\n**Key things the law covers:**\n\n- **Appointment and protection of the Sheriff** – The Sheriff is an officer of the Supreme Court and can't be sacked without the Chief Justice agreeing. Same protections apply for deputy sheriffs and officers (they need the Sheriff's agreement to be dismissed).\n\n- **Traditional duties** – Executing court orders (serving documents, seizing property for debt, arresting people under warrants), attending criminal trials, and conducting sheriff's sales (auctions of seized property) without needing a licence.\n\n- **Court security powers** – Security officers can:\n  - Give directions to maintain order and safety\n  - Refuse entry or remove disruptive people using reasonable force\n  - Search people and bags for weapons, explosives, or other dangerous items using scanning devices or physical searches\n  - Arrest people who escape custody\n  - Hold people in custody when directed by a court\n  - **Importantly** – they are banned from using spit hoods (a ban added in 2021, carrying up to 2 years jail)\n\n- **Search rules** – Physical searches must be done by someone of the same sex where possible, with two people present, quickly, and without undue humiliation. People can't be forced to strip completely or have things put in their body orifices.\n\n- **Protection from being sued** – The Sheriff and officers can't be sued personally for things they do in their job; if someone is wronged, they sue the government (the Crown) instead.\n\n- **Offences** – It's illegal to pretend to be a Sheriff's officer, obstruct them, or refuse to follow their lawful directions (fines up to $2,500 or 6 months prison).\n\n**Why it matters:**\n\nThis law balances giving security staff strong powers to protect judges, jurors, witnesses and the public from violence or disruption, with safeguards against abuse of those powers. The 2021 spit hood ban shows Parliament stepping in to prohibit specific restraint techniques considered inhumane, even if they might be useful for officer safety."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded since the 1978 original to include extensive security, search and detention powers at courts and other 'participating' premises. Notably, the 2000 Statutes Amendment and Repeal (Security and Order at Courts and Other Places) Act inserted Part 3 and the definitions enabling broader security functions (see legislative history: 49/2000). Subsequent amendments added weapon/firearm references (2012, 2015), a spit‑hood prohibition (2021 inserting s9J), and an explicit police‑assistance provision (2023 inserting s9DA). The changes extended the sheriff’s role from executing court process to operating as a statutory security and enforcement authority, affecting court users, sheriff’s staff and police coordination, and creating new regulatory fee and liability arrangements (ss9A–9J, s12, s16)."},"complexity_factors":["Broad delegation and appointment regime with protected appointment/removal rules for sheriff, deputies and temporary appointees (ss5–6) increases procedural complexity and discrete decision points.","Expanded definitions and scope to cover ‘participating bodies’ and associated premises broaden where powers apply (definition of participating body; premises of a participating body) (s4; inserted 2000).","Wide security and enforcement powers for security officers to direct, refuse entry, detain, remove, arrest and restrain persons (s9E) create numerous possible interactions with the public and overlapping criminal offences (s11).","Extensive search and seizure powers at entry and on premises, with layered safeguards (scanning vs physical search, presence of same-sex officer, two-person rule, limited removal of clothing) create operational complexity (s9F(1)–(4)).","Discretion to treat a person as ‘required by law to attend’ where person refuses to answer (s9F(7)) and to act on reasonable belief about status (s9H) introduces legal risk and evidentiary uncertainty.","Police integration: statutory arrangements authorise police to exercise security-officer powers temporarily and to assist sheriffs; this creates multi-agency coordination and accountability issues (s9D, s9DA).","Strong immunity for sheriff and officers (s12) shifts liability to the Crown and changes enforcement risk allocation.","Regulatory power to set fees, including fees not tied to administrative cost and variable fee structures, adds administrative discretion and potential compliance disputes (s16(4)(b), s16(5)).","Criminal penalties and a two‑year maximum for prohibited practices (spit hoods) create high-stakes compliance obligations (s9J; s11).","Amendment history and cross-references to other Acts (Summary Offences Act, Firearms Act, Courts Administration Act, Enforcement of Judgments Act) increase interpretive complexity and reliance on external instruments (legislative history)."],"plain_english_summary":"Establishes the Office of the Sheriff in South Australia and sets out appointment/removal rules for the sheriff, deputies and sheriff’s officers. It authorises those officers to execute court process and to maintain security and order at courts and other designated ‘participating’ premises, including the power to direct, search, refuse entry, detain or remove people and items, and to work with police. The Act also sets criminal penalties, immunities and a regulatory head of power for fees and procedures."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrieved. The page returned a 404-style error due to an outdated URL following a website migration on 24 March 2026. No comparison between original and current intent can be made."},"complexity_factors":["No legislative text was retrieved — only a website error page was provided","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects the absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"The Sheriff's Act 1978 (SA) governs the office of the Sheriff—responsible for enforcing court orders, managing court security, serving legal documents and executing warrants. It affects people with court judgments, parties needing formal service, and court/Sheriff staff.\n\nThe provided link returned a \"Page Not Found\" error so no text was retrieved; any further analysis would be speculative. To view the current law, search for \"Sheriff's Act 1978\" at legislation.sa.gov.au."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/sheriff-s-act-1978","history":"/api/acts/sheriff-s-act-1978/history","analysis":"/api/acts/sheriff-s-act-1978/analysis","conflicts":"/api/acts/sheriff-s-act-1978/conflicts","importantCases":"/api/acts/sheriff-s-act-1978/important-cases","documents":"/api/acts/sheriff-s-act-1978/documents"}}