Part 1
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Commonwealth legislation
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.
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Direct links to the current provisions in Court Security Regulations 2023.
This instrument is the Court Security Regulations 2023.
This instrument is made under the Court Security Act 2013.
In this instrument:
Act means the Court Security Act 2013.
AFP Commissioner means the Commissioner within the meaning of the Australian Federal Police Act 1979.
NSW Sheriff means the Sheriff within the meaning of the Sheriff Act 2005 (NSW).
NSW sheriff’s officer means a sheriff’s officer within the meaning of the Sheriff Act 2005 (NSW).
NT deputy sheriff means a person appointed to be a deputy sheriff under the Sheriff Act 1962 (NT).
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.
(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. (2) The qualifications are: (a) either: (i) a Certificate II in Security Operations; or (ii) another qualification that the administrative head of the court considers is at least equivalent to a Certificate II in Security Operations; and (b) successful completion of training mentioned in subsection (3). (3) For paragraph (2)(b), the training is training that: (a) is approved in writing by the administrative head of the court; and (b) is designed: (i) to make the person familiar with the Act and this instrument, and the court’s security policies and protocols; and (ii) to give the person competence in exercising the powers of a security officer under the Act.
(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. (2) The training is training that: (a) is approved in writing by the administrative head of the court; and (b) is designed: (i) to make the person familiar with the Act and this instrument, and the court’s security policies and protocols; and (ii) to give the person competence in exercising the powers of an authorised court officer under the Act.
(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. (2) An identity card must state the following: (a) the name of the person to whom the card is issued; (b) that the person is a security officer or an authorised court officer (as applicable); (c) the date the card was issued to the person; (d) the date the card will expire.
For the purposes of subparagraph 13(a)(ii) of the Act, the NSW Sheriff is prescribed.
For the purposes of subparagraph 33(b)(ii) of the Act, the following persons are prescribed: (a) the NSW Sheriff; (b) a NSW sheriff’s officer; (c) a NT deputy sheriff.
(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. (2) The administrative head of the court must refer the complaint to: (a) the AFP Commissioner; or (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.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Court Security Regulations 2023.
This instrument is made under the Court Security Act 2013.
In this instrument:
Act means the Court Security Act 2013.
AFP Commissioner means the Commissioner within the meaning of the Australian Federal Police Act 1979.
NSW Sheriff means the Sheriff within the meaning of the Sheriff Act 2005 (NSW).
NSW sheriff’s officer means a sheriff’s officer within the meaning of the Sheriff Act 2005 (NSW).
NT deputy sheriff means a person appointed to be a deputy sheriff under the Sheriff Act 1962 (NT).
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.
(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. (2) The qualifications are: (a) either: (i) a Certificate II in Security Operations; or (ii) another qualification that the administrative head of the court considers is at least equivalent to a Certificate II in Security Operations; and (b) successful completion of training mentioned in subsection (3). (3) For paragraph (2)(b), the training is training that: (a) is approved in writing by the administrative head of the court; and (b) is designed: (i) to make the person familiar with the Act and this instrument, and the court’s security policies and protocols; and (ii) to give the person competence in exercising the powers of a security officer under the Act.
(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. (2) The training is training that: (a) is approved in writing by the administrative head of the court; and (b) is designed: (i) to make the person familiar with the Act and this instrument, and the court’s security policies and protocols; and (ii) to give the person competence in exercising the powers of an authorised court officer under the Act.
(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. (2) An identity card must state the following: (a) the name of the person to whom the card is issued; (b) that the person is a security officer or an authorised court officer (as applicable); (c) the date the card was issued to the person; (d) the date the card will expire.
For the purposes of subparagraph 13(a)(ii) of the Act, the NSW Sheriff is prescribed.
For the purposes of subparagraph 33(b)(ii) of the Act, the following persons are prescribed: (a) the NSW Sheriff; (b) a NSW sheriff’s officer; (c) a NT deputy sheriff.
(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. (2) The administrative head of the court must refer the complaint to: (a) the AFP Commissioner; or (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.