This Act modernises and consolidates the role, powers and limits of the NSW Sheriff and sheriff’s officers, governing court security, jury administration, civil enforcement and related protective or emergency assistance. It sets rules for entry, reasonable force, limited searches, identification, oaths, and controls use of the title or uniform, with criminal penalties for impersonation or unlawful use.
It affects courts and the Sheriff’s Office, occupiers facing possession or enforcement, businesses using “sheriff” in their name, and the public—centralising enforcement powers, shifting compliance costs to affected parties, and requiring oversight and training.
The Sheriff Act 2005 is the principal statute governing the office of Sheriff in New South Wales. At its core, s 4(1) enumerates the Sheriff's statutory functions: (a) providing for the safety and security of courts and tribunals, including those conferred by the Court Security Act 2005; (b) effective management and administration of the jury system under the Jury Act 1977; (c) civil law enforcement functions conferred by this or any other Act; (d) protective security services to judicial officers; and (e) any other function given by this or another Act or law.
Subsection 4(2) expressly extends the Sheriff's remit to functions conferred by Commonwealth, State or Territory laws, including by way of delegation. This is a deliberate broadening from the historical focus on writ execution. The Act then supplies the machinery to discharge these functions. Section 5 permits delegation to sheriff's officers, departmental employees or prescribed persons, but imposes a double-lock on interstate or Commonwealth functions: delegation is allowed only if the conferring law itself permits it or the original delegation authorises sub-delegation.
Section 6 carves out a conflict-of-interest regime. Where the Sheriff is a party to proceedings or where a court or coroner makes an order under s 6(2), the Sheriff's alternate (either a person declared by regulation or the Secretary) must exercise the functions. "Legal proceedings" is defined broadly in s 6(3) to include enforcement of judgments and coronial inquiries.
Practical enforcement powers are conferred in ss 7A and 7B. When executing a writ or warrant for possession of land, a sheriff's officer may enter premises, take reasonably necessary steps, use reasonably necessary force and call for police assistance (s 7A(1)–(2)). Thirty days' notice must be given to the occupier before execution unless the writ has been stayed or it is a residential tenancy, land lease community, retirement village or holiday park warrant (s 7A(3)–(4)). Section 7B authorises personal searches of persons named in arrest warrants issued under s 97 of the Civil Procedure Act 2005 where the officer reasonably believes it prudent to check for dangerous items. The section prescribes a detailed code of conduct for such searches, including showing the warrant and identification, least invasive means, same-sex searcher where practicable, privacy, and a warning-and-offence provision carrying a 5 penalty unit maximum.
Current sections
Direct links to the current provisions in Sheriff Act 2005.
(1) This Act commences on a day to be appointed by proclamation, subject to subsections (2), (3) and (4).
(2) Schedule 1.3 [2] commences on the commencement of Schedule 1.3 [1], or on the commencement of Part 6 of the Court Security Act 2005, whichever is the later.
(3) Schedule 1.3 [4] commences on the commencement of Schedule 1.3 [3], or on the commencement of Part 6 of the Court Security Act 2005, whichever is the later.
Secretary means the Secretary of the department in which this Act is administered.
Sheriff means the person employed in the Public Service as Sheriff.
Sheriff’s alternate means such person as is declared by the regulations to be the Sheriff’s alternate for the purposes of this Act or, if no such person is declared, the Secretary.
sheriff’s officer means a person employed in the Public Service as a sheriff’s officer.
(2) Notes in the text of this Act do not form part of this Act.
s 3: Am 2017 No 22, Sch 4.43 [1] [2]; 2024 No 8, Sch 1[1] [2].
Part 2
Sheriff’s functions
Part 2 Sheriff’s functions
Part 2 Sheriff’s functions
4
Sheriff’s functions
4 Sheriff’s functions
4 Sheriff’s functions
(1) The Sheriff has the following functions—
(a) to provide for the safety and security of courts and tribunals, including by exercising the functions given to the Sheriff by or under the Court Security Act 2005,
(b) to provide for the effective management and administration of the jury system in accordance with the Jury Act 1977,
(c) civil law enforcement functions given to the Sheriff by or under this Act and other Acts,
(d) to provide protective security services to judicial officers,
(e) any other function given to the Sheriff by or under this Act or another Act or law.
(2) The Sheriff also has and may exercise functions conferred or imposed on the Sheriff by or under an Act or law of the Commonwealth, another State or a Territory (including functions conferred by way of delegation).
s 4: Am 2019 No 10, Sch 1.20 [1]; 2024 No 8, Sch 1[3].
5
Delegation of Sheriff’s functions
5 Delegation of Sheriff’s functions
5 Delegation of Sheriff’s functions
(1) The Sheriff may delegate any of the Sheriff’s functions, other than this power of delegation—
(a) to any sheriff’s officer, or
(b) to any person employed in the department in which this Act is administered, or
(c) to any person prescribed by the regulations or belonging to a class so prescribed.
(2) Despite subsection (1), the Sheriff may delegate a function conferred or imposed on, or delegated to, the Sheriff by or under an Act or law of the Commonwealth, another State or a Territory, only if—
(a) the Act or law conferring or imposing the function on the Sheriff allows the Sheriff to delegate the function, or
(b) in relation to a function that is delegated—the delegation conferring the function on the Sheriff allows the Sheriff to subdelegate the function.
s 5: Am 2017 No 22, Sch 4.43 [3]; 2019 No 10, Sch 1.20 [2]; 2024 No 8, Sch 1[4].
6
Exercise of Sheriff’s functions by Sheriff’s alternate
6 Exercise of Sheriff’s functions by Sheriff’s alternate
6 Exercise of Sheriff’s functions by Sheriff’s alternate
(1) The Sheriff’s functions in relation to—
(a) any legal proceedings to which the Sheriff is a party, and
(b) any legal proceedings the subject of an order in force under subsection (2),
are to be exercised by the Sheriff’s alternate, and not by the Sheriff.
(2) If satisfied that any legal proceedings may affect the Sheriff’s interests, the court before which, or coroner before whom, the proceedings are being taken may order that the Sheriff’s functions in relation to the proceedings be exercised by the Sheriff’s alternate.
(3) In this section, legal proceedings includes proceedings to enforce a judgment or order of a court and proceedings of an inquest or inquiry under the Coroners Act 2009.
s 6: Am 2009 No 41, Sch 4.
7
Oath or affirmation of office
7 Oath or affirmation of office
7 Oath or affirmation of office
(1) Before exercising any of the Sheriff’s functions, the Sheriff, and each sheriff’s officer, must take an oath of office, or make an affirmation of office, in the form and manner prescribed by the regulations.
(2) Failure to comply with subsection (1) does not affect the validity of anything done by the Sheriff, or by a sheriff’s officer, in the exercise of the Sheriff’s functions.
7A
Powers of Sheriff when executing writs and warrants for possession of land
7A Powers of Sheriff when executing writs and warrants for possession of land
7A Powers of Sheriff when executing writs and warrants for possession of land
(1) A sheriff’s officer executing a writ or warrant for possession of land may do any of the following—
(a) enter the premises and take all reasonably necessary steps to enforce the writ or warrant,
(b) use such force as is reasonably necessary to enforce the writ or warrant,
(c) obtain the assistance of a police officer.
(2) A police officer may, at the request of a sheriff’s officer, assist the sheriff’s officer to enforce the writ or warrant.
(3) The Sheriff must give the occupier of land subject to a writ of possession of land or a writ for the levy of property that relates to land not less than 30 days notice to deliver up possession of the land.
s 7A: Ins 2010 No 42, Sch 3.16. Am 2013 No 97, Sch 3.15.
7B
Powers when executing certain arrest warrants
7B Powers when executing certain arrest warrants
7B Powers when executing certain arrest warrants
(1) A sheriff’s officer executing an arrest warrant issued by a court under section 97 of the Civil Procedure Act 2005 may require a person named in the warrant to submit to a personal search if the officer believes on reasonable grounds that it is prudent to do so to ascertain whether the person is carrying anything that would present a danger to a person.
(2) Before requiring a person to submit to a personal search under this section, the sheriff’s officer must show the person the arrest warrant and the officer’s certificate of identification referred to in section 13.
(3) A sheriff’s officer may seize and detain a thing found in a personal search under this section that the officer believes on reasonable grounds would present a danger to a person.
(4) A sheriff’s officer who seizes any thing under subsection (3) must—
(a) if the officer is satisfied after examining the thing that its retention as evidence is not required and it is not a danger to a person—return the thing to the person from whom it was confiscated, or
(b) if the officer is not so satisfied—deliver the thing to a police officer as soon as is reasonably practicable.
(5) A personal search of a person conducted under this section must, as far as is reasonably practicable in the circumstances, comply with the following requirements—
(a) the sheriff’s officer must inform the person to be searched of the following matters—
(i) whether the person will be required to remove clothing during the search,
(ii) why it is necessary to remove the clothing,
(b) the sheriff’s officer must ask for the person’s co-operation,
(c) a personal search must be conducted—
(i) in a way that provides reasonable privacy for the person searched, and
(ii) as quickly as is reasonably practicable,
(d) the sheriff’s officer must conduct the least invasive kind of search practicable in the circumstances,
(e) a personal search of a person must be conducted by a sheriff’s officer of the same sex as the person or, if a sheriff’s officer of that sex is unavailable, by another person of that sex at the direction of a sheriff’s officer.
(6) If a sheriff’s officer makes a requirement of a person under subsection (1) and the person fails immediately to comply with that requirement, the sheriff’s officer may again make the requirement and, in that case, must warn the person that a failure immediately to comply with the requirement may be an offence.
(7) If a sheriff’s officer makes a requirement of a person in accordance with subsection (6), the person must immediately comply with the requirement.
(1) A sheriff’s officer may provide security services to a judicial officer for the protection of the judicial officer outside court premises.
(2) The services must be provided in accordance with an agreement between the Sheriff and the head of the court of which the judicial officer is a member.
s 7C: Ins 2020 No 4, Sch 1.5. Am 2021 No 4, Sch 1.24. Rep 2023 No 7, Sch 2.45. Ins 2024 No 8, Sch 1[5].
7D
Emergency assistance
7D Emergency assistance
7D Emergency assistance
(1) The Sheriff may, with the approval of the Secretary, enter into an agreement with the head of a Public Service agency to enable sheriff’s officers to assist the agency in connection with an emergency.
Hindrance or obstruction of persons exercising Sheriff’s functions
8 Hindrance or obstruction of persons exercising Sheriff’s functions
8 Hindrance or obstruction of persons exercising Sheriff’s functions
A person must not hinder or obstruct the Sheriff, or any sheriff’s officer or other person, in the Sheriff’s, sheriff’s officer’s or other person’s exercise of any of the Sheriff’s functions.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
9
Impersonation of sheriff’s officers
9 Impersonation of sheriff’s officers
9 Impersonation of sheriff’s officers
A person who impersonates the Sheriff, or a sheriff’s officer, is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
10
Wearing or possession of sheriff’s officer uniforms by others
10 Wearing or possession of sheriff’s officer uniforms by others
10 Wearing or possession of sheriff’s officer uniforms by others
(1) A person (not being a sheriff’s officer) who wears or possesses a sheriff’s officer uniform is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
(2) A person (including a sheriff’s officer) who uses sheriff’s insignia otherwise than in the course of, and for the purpose of, exercising the functions of a sheriff’s officer is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
(3) A person is not guilty of an offence under this section if—
(a) the act or omission constituting the offence is authorised by the regulations or by a licence granted to the person by the Sheriff, or
(b) the person establishes that the person otherwise had the permission of the Sheriff for the act or omission, or
(c) the person establishes that the person had a reasonable excuse for the act or omission.
(4) Without limiting subsection (3), a person is not guilty of an offence under subsection (1) if the person wore or was in possession of the sheriff’s officer uniform for the purposes of public entertainment.
(5) The Sheriff may grant licences for the purposes of this section, with or without conditions, and may vary or revoke any such licences.
(6) In this section—
sheriff’s insignia means—
(a) any items (being insignia, emblems, logos, devices, accoutrements and other things) that are generally recognised as pertaining to the Sheriff or as being used by sheriff’s officers, or
(b) any parts of any such items, or
(c) any reasonable imitation of any such items or parts, or
(d) any thing or class of thing prescribed by the regulations as being within this definition (whether or not it may already be within this definition),
and includes sheriff’s officer uniforms, but does not include any thing or class of thing prescribed by the regulations as being outside this definition.
sheriff’s officer uniform means the uniform of a sheriff’s officer, and includes—
(a) any parts of such a uniform (or any accoutrements of a sheriff’s officer) that are generally recognised as parts of the uniform or accoutrements of a sheriff’s officer, or
(b) any reasonable imitation of such a uniform, parts of a uniform or accoutrements.
use of sheriff’s insignia includes use of a reproduction or representation of sheriff’s insignia.
11
Use of word “sheriff” in operating name
11 Use of word “sheriff” in operating name
11 Use of word “sheriff” in operating name
(1) A person who carries on any activity under an operating name that includes the word “sheriff” is guilty of an offence.
Maximum penalty—100 penalty units.
(2) If an activity is carried on in contravention of subsection (1) in the name of a firm (that is, a partnership or other unincorporated body of persons), any person who is a member of the governing body of the firm is guilty of an offence under that subsection if the person knowingly authorised or permitted the contravention.
(3) This section does not prevent a person or body of persons from doing anything in accordance with the terms of a consent in force under section 12.
(4) This section does not apply to any body or class of bodies that is declared by the regulations to be a body or class of bodies to which this section does not apply.
(5) In this section, operating name includes any name, style, title or designation under which a person or body carries on an activity, any name under which an association is incorporated under the Associations Incorporation Act 2009 and any business name registered under the Business Names Registration Act 2011 of the Commonwealth in relation to a person, but does not include—
(a) in the case of an individual, the individual’s family name, either alone or together with—
(i) one or more of the individual’s given names, or
(ii) one or more of the initials of the individual’s given names, or
(iii) a combination of one or more of the individual’s given names and one or more of the initials of the individual’s remaining given names, or
(b) in the case of a corporation, the corporation’s corporate name, or
(c) in the case of an industrial organisation registered under the Industrial Relations Act 1996, the name under which the industrial organisation is registered, or
(d) in the case of any other statutory body, the name under which the body is incorporated, constituted or established.
(6) The provisions of this section and section 12 are intended to operate as referred to in sections 12 (2) (b) and (e), 19 (5) and 20 (3) of the Business Names Registration Act 2011 of the Commonwealth.
Note—
Section 12 (2) (b) and (e) of the Business Names Registration Act 2011 of the Commonwealth (the Commonwealth Act) provide that the business names legislation referred to in that section is not intended to exclude or limit the concurrent operation of a law of a State that—
(a) prohibits or restricts the use of a word or expression by an entity or class of entities, or
(b) imposes obligations on an entity or class of entities that are in addition to obligations imposed under that Act.
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity does not commit an offence under those sections concerning the inclusion or display of registered business names in written communications and at places of business if the inclusion, use or display of a business name in such a communication or at such a place would be contrary to a law of a State.
s 11: Am 2009 No 7, Sch 3.13 [1]; 2011 No 44, Sch 3.19 [1] [2].
12
Consents for the purposes of section 11
12 Consents for the purposes of section 11
12 Consents for the purposes of section 11
(1) The Sheriff may grant consent to any person or body of persons to carry on any activity under an operating name (within the meaning of section 11) that includes the word “sheriff”, either unconditionally or subject to such conditions as the Sheriff considers appropriate to impose on the consent.
(2) A consent may be revoked by the Sheriff at any time.
(3) In deciding whether or not to grant or revoke a consent, the Sheriff must have regard to such matters (if any) as are prescribed by the regulations.
(4) Before revoking a consent, the Sheriff—
(a) must serve notice of the proposed revocation on the person or body of persons having the benefit of the consent, and
(b) must allow that person or body at least 14 days within which to make submissions with respect to the proposed revocation, and
(c) must have regard to any submissions that are duly made with respect to the proposed revocation.
(5) As soon as practicable after revoking a consent, the Sheriff must cause notice of that fact to be given—
(a) to the person or body of persons concerned, and
(b) if the consent relates to the name under which an association is incorporated under the Associations Incorporation Act 2009—to the Secretary of the Department of Finance, Services and Innovation, and
(c) if the consent relates to a business name registered under the Business Names Registration Act 2011 of the Commonwealth—the Australian Securities and Investments Commission.
Note—
In the case of the name under which an association is incorporated under the Associations Incorporation Act 2009, notification of the Secretary of the Department of Finance, Services and Innovation will prompt the Secretary to exercise his or her powers under that Act to direct the association to change its name.
(6) A consent that is revoked ceases to have effect—
(a) except as provided by paragraph (b)—
(i) at the end of 28 days after notice of the revocation is served on the person or body of persons concerned, or
(ii) at such later time as may be specified in the notice of revocation, or
(b) in the case of a consent that relates to the name under which an association is incorporated under the Associations Incorporation Act 2009—
(i) on the date on which the Secretary of the Department of Finance, Services and Innovation issues a certificate of incorporation in respect of the association’s new name under section 12 (3) of that Act, or
(ii) on the date on which the Secretary of the Department of Finance, Services and Innovation cancels the association’s incorporation under section 76 of that Act,
as the case may be.
(7) In this section, a reference to the Secretary of the Department of Finance, Services and Innovation is, while the position of Commissioner for Fair Trading exists in that Department, to be read as a reference to the Commissioner.
s 12: Am 2007 No 40, Sch 2.2; 2009 No 7, Sch 3.13 [2]–[4]; 2011 No 44, Sch 3.19 [3] [4]; 2017 No 22, Sch 4.43 [4].
13
Certificate of authority to be carried
13 Certificate of authority to be carried
13 Certificate of authority to be carried
At all times while exercising the Sheriff’s functions a person must carry, and produce on demand, a certificate of identification in the form prescribed by the regulations.
Maximum penalty—5 penalty units.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
13A
Nature of proceedings for offences
13A Nature of proceedings for offences
13A Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.
s 13A: Ins 2019 No 20, Sch 1.21[2].
14
Rank structure
14 Rank structure
14 Rank structure
(1) The Governor may, on the recommendation of the Sheriff, issue a document (a commission) recognising the appointment of a sheriff’s officer to the position of a commissioned officer.
(2) The purpose of a commission is symbolic recognition of the seniority of the sheriff’s officer.
(3) The Sheriff may publish the rank structure for sheriff’s officers, as in force from time to time, in the Gazette.
s 14: Am 2005 No 6, Sch 1.4. Rep 2016 No 52, Sch 2.7. Ins 2024 No 8, Sch 1[6].
15
Exclusion of liability
15 Exclusion of liability
15 Exclusion of liability
An act or omission of the Sheriff, the Sheriff’s alternate, a sheriff’s officer or any other person acting under the direction of the Sheriff or a sheriff’s officer does not subject the Sheriff, Sheriff’s alternate, sheriff’s officer or person so acting personally to any action, liability, claim or demand if the act or omission was done, or omitted to be done, in good faith for the purpose of exercising a function under this Act or another Act.
s 15: Am 2024 No 8, Sch 1[7].
16
Regulations
16 Regulations
16 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.
(1) Such of the provisions of the Charter of Justice as provide for the appointment of persons to the office of Sheriff, or to the appointment of Sheriff’s deputies, cease to have effect.
(2) Subsection (1) does not limit or otherwise affect any function exercisable by the Sheriff under or by virtue of the Charter of Justice.
19
Review of Act
19 Review of Act
19 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1
Schedule 1
Schedule 1 (Repealed)
sch 1: Rep 2008 No 62, Sch 4.
Schedule 2
Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
(Section 17 (3))
sch 2: Am 2005 No 28, Sch 5.44; 2011 No 44, Sch 3.19 [5].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Sheriff Act 2005.
2 Commencement
2 Commencement
2 Commencement
(1) This Act commences on a day to be appointed by proclamation, subject to subsections (2), (3) and (4).
(2) Schedule 1.3 [2] commences on the commencement of Schedule 1.3 [1], or on the commencement of Part 6 of the Court Security Act 2005, whichever is the later.
(3) Schedule 1.3 [4] commences on the commencement of Schedule 1.3 [3], or on the commencement of Part 6 of the Court Security Act 2005, whichever is the later.
(4) Schedule 1.4 commences on the commencement of section 14, or on the commencement of Part 2 of the Commercial Agents and Private Inquiry Agents Act 2004, whichever is the later.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
Charter of Justice means the letters patent issued on 13 October 1823 pursuant to the Imperial Act 4 Geo IV c 96.
exercise a function includes perform a duty.
function includes power, authority and duty.
judicial officer has the same meaning as in the Court Security Act 2005.
Secretary means the Secretary of the department in which this Act is administered.
Sheriff means the person employed in the Public Service as Sheriff.
Sheriff’s alternate means such person as is declared by the regulations to be the Sheriff’s alternate for the purposes of this Act or, if no such person is declared, the Secretary.
sheriff’s officer means a person employed in the Public Service as a sheriff’s officer.
(2) Notes in the text of this Act do not form part of this Act.
s 3: Am 2017 No 22, Sch 4.43 [1] [2]; 2024 No 8, Sch 1[1] [2].
Part 2 Sheriff’s functions
Part 2 Sheriff’s functions
Part 2 Sheriff’s functions
Protective security outside court is authorised by s 7C, but only pursuant to a written agreement between the Sheriff and the head of the relevant court. Section 7D permits the Sheriff, with Secretary approval, to enter agreements with other Public Service agencies to supply sheriff's officers for emergency assistance.
Oath and identification requirements are mandatory. Section 7 requires the Sheriff and every sheriff's officer to take an oath or affirmation before exercising functions; non-compliance does not invalidate acts performed. Section 13 requires carriage and production on demand of a prescribed certificate of identification, with a 5 penalty unit sanction.
Part 3 creates three tiers of offence. Section 8 prohibits hindrance or obstruction of anyone exercising the Sheriff's functions (100 penalty units or 6 months imprisonment or both). Section 9 criminalises impersonation on the same scale. Section 10 controls wearing or possession of uniforms and insignia, again at the same penalty level, but provides a suite of defences: regulatory authorisation, Sheriff licence or permission, reasonable excuse, or use for public entertainment. Section 11 prohibits carrying on an activity under an operating name containing the word "sheriff", with a 100 penalty unit strict-liability offence on members of a firm's governing body who knowingly permit the breach. Section 12 supplies a detailed consent and revocation regime administered by the Sheriff, including natural justice procedures before revocation and notification obligations to ASIC or the Department of Finance, Services and Innovation.
Miscellaneous provisions round out the scheme. Section 14 allows the Governor, on the Sheriff's recommendation, to issue symbolic commissions to senior sheriff's officers and permits the Sheriff to publish the rank structure in the Gazette. Section 15 confers personal immunity for good-faith acts or omissions. Regulations may create offences up to 50 penalty units (s 16(2)). Section 18 expressly abrogates those parts of the 1823 Charter of Justice that dealt with appointment of Sheriffs and deputies, while preserving any residual functions the Charter may still confer.
Schedule 2 preserves continuity from the repealed Sheriff Act 1900, continuing appointments, sureties, service of process and references.
Who it affects
The Act directly constitutes and regulates the office of Sheriff, defined in s 3(1) as the person employed in the Public Service as Sheriff. It equally binds sheriff's officers—persons employed in the Public Service as such—and the Sheriff's alternate. All must swear the oath or affirmation under s 7.
Judicial officers (defined by reference to the Court Security Act 2005) are both beneficiaries and subjects: they receive protective security under s 7C pursuant to head-of-court agreements, yet may be protected from unauthorised "sheriff" branding under the s 11–12 regime.
Court users, litigants, jurors, judgment debtors and occupiers of land subject to writs of possession are directly affected. Jurors are managed under functions delegated from the Jury Act 1977. Occupiers receive statutory notice entitlements under s 7A(3). Persons subject to s 97 Civil Procedure Act arrest warrants may be personally searched under the safeguards in s 7B.
Businesses and associations are regulated by the prohibition on using "sheriff" in an operating name (s 11), with a consent pathway under s 12 that engages ASIC, the Commissioner for Fair Trading and incorporated associations.
Police officers are statutorily authorised to assist sheriff's officers enforcing writs of possession (s 7A(2)) and receive delivered dangerous items seized during personal searches (s 7B(4)(b)).
The Secretary of the administering department appears in three capacities: as default Sheriff's alternate, approver of emergency-assistance agreements (s 7D), and recipient of certain revocation notices. Heads of Public Service agencies may contract for emergency assistance.
Finally, the Act binds the Crown through its public-service employment mechanisms and preserves the State's immunity while granting individual officers good-faith protection.
Key duties and rights
Duties of the Sheriff and officers
Exercise the five core functions in s 4(1) and any delegated interstate functions.
Delegate only in accordance with s 5, respecting sub-delegation limits.
Yield functions to the alternate in conflict situations (s 6).
Take the prescribed oath or affirmation (s 7).
Carry and produce identification (s 13).
When executing land possession writs, give 30 days' notice unless exempted, use only reasonable force, and may call police (s 7A).
When conducting personal searches under s 7B, comply with the detailed privacy, same-sex, least-invasive and warning requirements.
Provide protective security only under head-of-court agreement (s 7C).
Enter emergency assistance agreements only with Secretary approval (s 7D).
Rights and powers
Enter premises, use reasonable force and obtain police assistance (s 7A(1)).
Conduct personal searches and seize dangerous items on reasonable grounds (s 7B(1)–(3)).
Require compliance with search direction, backed by a 5 penalty unit offence (s 7B(7)).
Issue symbolic commissions and publish rank structure (s 14).
Grant licences and consents under ss 10 and 12, with power to revoke subject to natural justice.
Immunity from personal liability for good-faith acts (s 15).
Public rights
Receive 30 days' notice before most evictions (s 7A(3)).
Privacy, dignity and least-invasive search standards (s 7B(5)).
Defences of reasonable excuse, regulatory authorisation or Sheriff permission when charged under uniform or insignia offences (s 10(3)).
Natural justice before revocation of a s 12 consent.
Penalties and enforcement
The Act creates a graduated penalty regime. Obstruction (s 8), impersonation (s 9) and uniform/insignia misuse (s 10(1)–(2)) each carry a maximum of 100 penalty units or 6 months imprisonment or both. The operating-name offence (s 11) is 100 penalty units only. Failure to carry identification is 5 penalty units (s 13), as is refusal to submit to a lawful personal search (s 7B(7)).
All offences are strict liability except where knowledge is expressly required (s 11(2) for firm members). Proceedings are summary before the Local Court (s 13A).
Enforcement is primarily by prosecution, but the Sheriff retains administrative tools: licence revocation (s 10(5)), consent revocation after notice and submissions (s 12(4)), and publication of the rank structure. Police may assist in real-time execution but do not become sheriff's officers. Seized items must be dealt with according to the statutory flowchart in s 7B(4).
No civil penalty regime exists; the Act relies on criminal sanctions and the general law of contempt for court-related obstruction.
How it interacts with other laws
The Act is deliberately symbiotic. It incorporates by reference the Court Security Act 2005 for definitions of "judicial officer", "court" and "court premises" and for security functions (ss 3(1), 4(1)(a), 7C(3)). Jury functions are exercised "in accordance with" the Jury Act 1977 (s 4(1)(b)). Arrest warrants issued under s 97 of the Civil Procedure Act 2005 trigger the search powers in s 7B. Writs under the Residential Tenancies Act 2010, Residential (Land Lease) Communities Act 2013, Retirement Villages Act 1999 and Holiday Parks (Long-term Casual Occupation) Act 2002 are exempt from the 30-day notice rule (s 7A(4)).
Commonwealth interaction is explicit. Section 4(2) authorises exercise of federal functions. Sections 11(6) and 12(5)(c) are drafted to engage ss 12(2)(b), 12(2)(e), 19(5) and 20(3) of the Business Names Registration Act 2011 (Cth), ensuring concurrent operation and avoiding inconsistency.
The Government Sector Employment Act 2013 supplies definitions for "head of a Public Service agency" and "Public Service agency" used in the emergency assistance provision (s 7D). The Coroners Act 2009 is incorporated into the definition of legal proceedings for the alternate-Sheriff rule (s 6(3)). The Associations Incorporation Act 2009 triggers specific revocation notice and name-change machinery (s 12(5)(b) and (6)(b)).
The Charter of Justice is partially abrogated (s 18), but residual functions are preserved. The repealed Sheriff Act 1900 continues to operate for transitional sureties and service of process (Sch 2).
Section 15's good-faith immunity sits alongside general Crown immunity and the tortious defences available at common law.
Recent changes and why
The Act has been amended on eight occasions since 2005, with the most significant in 2024 No 8, Sch 1. That Schedule:
Updated definitions of "Secretary" and "Sheriff" to reflect public service machinery (s 3).
Expanded s 4 to include protective security and emergency assistance functions.
Refined delegation rules (s 5).
Re-inserted s 7C (security for judicial officers) after its 2023 repeal, and added s 7D (emergency assistance).
Repealed and re-enacted s 14 on rank structure and commissions, removing the previous 2016 repeal.
Extended the s 15 immunity to additional classes of persons.
These changes respond to operational lessons: the 2019 insertion of s 7B responded to safety risks during civil arrests; the 2020–2024 protective security provisions reflect heightened concern for judicial safety post high-profile incidents. The 2024 amendments consolidate the Sheriff's role as a flexible, deployable court-services provider rather than a pure enforcement officer. Earlier amendments aligned the Act with the Business Names Registration Act 2011 (Cth) and updated cross-references after repeal of the Commercial Agents and Private Inquiry Agents Act 2004.
Court challenges and controversies
The source text itself records no specific court challenges. However, the structure of the Act anticipates certain flashpoints. The validity of the s 11–12 business-name regime is expressly tied to Commonwealth business-names legislation to forestall constitutional inconsistency arguments. The broad definition of "sheriff’s insignia" in s 10(6)—including "any reasonable imitation"—has the potential to raise overbreadth or implied freedom of political communication issues, although the reasonable excuse defence and public-entertainment carve-out mitigate this.
Section 7B's personal search powers, while modelled on Court Security Act 2005 provisions, engage the right to privacy and could be challenged for proportionality where a search is conducted without reasonable grounds. The mandatory language in s 7B(7) creates an offence of non-compliance even if the underlying belief is later found unreasonable; this may invite administrative-law review or collateral challenges in suppression of evidence applications.
The immunity in s 15 is cast in broad terms ("any action, liability, claim or demand") but is limited to good faith. Courts would likely read this consistently with existing authorities on statutory immunities, requiring both subjective honesty and objective reasonableness. No reported decisions construing s 15 appear in the supplied text.
The shift from the 1900 Act's surety regime to the current model has not generated recorded controversy, but transitional clause 4 of Sch 2 continues old bonds, preserving enforcement rights.
Gotchas
Most practitioners assume the Sheriff's civil enforcement role is purely ministerial. In fact, s 4(1)(c) grants "civil law enforcement functions given to the Sheriff by or under this Act and other Acts", yet the precise content of those functions is scattered across dozens of statutes; the Act itself supplies only the procedural machinery in ss 7A and 7B. Failure to appreciate the 30-day notice obligation in s 7A(3) has led to aborted executions and cost orders.
The s 7B search power is limited to warrants issued under s 97 of the Civil Procedure Act 2005; it does not apply to warrants issued under other legislation unless separately authorised. Officers who rely on a general "court warrant" assumption risk exceeding power.
Section 10(6)(d) allows regulations to deem additional items "sheriff’s insignia" or to exclude them. At the time of writing the supplied text, no such regulations are reproduced, yet the offence operates by reference to them; due diligence therefore requires checking the latest Government Gazette.
The Sheriff's alternate rule in s 6(2) is triggered by a judicial satisfaction that proceedings "may affect the Sheriff’s interests". This is a low threshold and can be invoked by a coroner as well as a court. Parties seeking to neutralise the Sheriff's enforcement role in sensitive litigation have used this provision strategically.
Finally, the good-faith immunity in s 15 does not protect against disciplinary action or criminal liability; it is civil only. Sheriff’s officers facing internal investigation for excessive force cannot rely on s 15.
How to comply
For sheriff’s officers and the Sheriff
Ensure every officer has taken the prescribed oath or affirmation and carries a current certificate of identification (ss 7, 13).
Before executing any land possession writ, verify whether the 30-day notice under s 7A(3) is required and document service.
When considering a personal search under s 7B, record the reasonable grounds, produce the warrant and identification, follow the exact procedural checklist in s 7B(5), and apply the post-seizure decision tree in s 7B(4).
Enter protective security or emergency assistance agreements only in the statutory form (ss 7C–7D).
When delegating, exclude the power of delegation itself and respect the double-lock in s 5(2) for non-NSW functions.
For uniform, insignia or business-name issues, maintain a register of licences and consents granted under ss 10 and 12, and observe the 14-day natural justice procedure before revocation.
For judgment creditors and landlords
Obtain the correct writ or warrant, factor the 30-day notice period into enforcement timelines, and anticipate that sheriff's officers will insist on strict compliance with identification and notice rules before acting.
For businesses
Audit trading, company and association names to ensure "sheriff" does not appear unless a current s 12 consent is held. If a consent is held, monitor for revocation notices and exercise the right to make submissions within 14 days.
For judicial officers and court staff
Protective security outside court requires a formal agreement with the head of court; ad-hoc requests fall outside the statutory shield. When issuing s 97 arrest warrants, be aware that sheriff's officers will treat them as triggering search powers and may seize items.
General compliance tip
Maintain a master cross-reference table of all statutes listed in ss 4, 6, 7A, 7B, 7C and 11. Because the Act is machinery rather than self-contained, compliance failures usually arise from overlooking an interaction with another statute rather than misreading the Sheriff Act itself. Annual refresher training on the s 7B search protocol is advisable given the low 5 penalty unit offence threshold and potential for collateral civil claims.
(a) to provide for the safety and security of courts and tribunals, including by exercising the functions given to the Sheriff by or under the Court Security Act 2005,
(b) to provide for the effective management and administration of the jury system in accordance with the Jury Act 1977,
(c) civil law enforcement functions given to the Sheriff by or under this Act and other Acts,
(d) to provide protective security services to judicial officers,
(e) any other function given to the Sheriff by or under this Act or another Act or law.
(2) The Sheriff also has and may exercise functions conferred or imposed on the Sheriff by or under an Act or law of the Commonwealth, another State or a Territory (including functions conferred by way of delegation).
s 4: Am 2019 No 10, Sch 1.20 [1]; 2024 No 8, Sch 1[3].
5 Delegation of Sheriff’s functions
5 Delegation of Sheriff’s functions
5 Delegation of Sheriff’s functions
(1) The Sheriff may delegate any of the Sheriff’s functions, other than this power of delegation—
(a) to any sheriff’s officer, or
(b) to any person employed in the department in which this Act is administered, or
(c) to any person prescribed by the regulations or belonging to a class so prescribed.
(2) Despite subsection (1), the Sheriff may delegate a function conferred or imposed on, or delegated to, the Sheriff by or under an Act or law of the Commonwealth, another State or a Territory, only if—
(a) the Act or law conferring or imposing the function on the Sheriff allows the Sheriff to delegate the function, or
(b) in relation to a function that is delegated—the delegation conferring the function on the Sheriff allows the Sheriff to subdelegate the function.
s 5: Am 2017 No 22, Sch 4.43 [3]; 2019 No 10, Sch 1.20 [2]; 2024 No 8, Sch 1[4].
6 Exercise of Sheriff’s functions by Sheriff’s alternate
6 Exercise of Sheriff’s functions by Sheriff’s alternate
6 Exercise of Sheriff’s functions by Sheriff’s alternate
(1) The Sheriff’s functions in relation to—
(a) any legal proceedings to which the Sheriff is a party, and
(b) any legal proceedings the subject of an order in force under subsection (2),
are to be exercised by the Sheriff’s alternate, and not by the Sheriff.
(2) If satisfied that any legal proceedings may affect the Sheriff’s interests, the court before which, or coroner before whom, the proceedings are being taken may order that the Sheriff’s functions in relation to the proceedings be exercised by the Sheriff’s alternate.
(3) In this section, legal proceedings includes proceedings to enforce a judgment or order of a court and proceedings of an inquest or inquiry under the Coroners Act 2009.
s 6: Am 2009 No 41, Sch 4.
7 Oath or affirmation of office
7 Oath or affirmation of office
7 Oath or affirmation of office
(1) Before exercising any of the Sheriff’s functions, the Sheriff, and each sheriff’s officer, must take an oath of office, or make an affirmation of office, in the form and manner prescribed by the regulations.
(2) Failure to comply with subsection (1) does not affect the validity of anything done by the Sheriff, or by a sheriff’s officer, in the exercise of the Sheriff’s functions.
7A Powers of Sheriff when executing writs and warrants for possession of land
7A Powers of Sheriff when executing writs and warrants for possession of land
7A Powers of Sheriff when executing writs and warrants for possession of land
(1) A sheriff’s officer executing a writ or warrant for possession of land may do any of the following—
(a) enter the premises and take all reasonably necessary steps to enforce the writ or warrant,
(b) use such force as is reasonably necessary to enforce the writ or warrant,
(c) obtain the assistance of a police officer.
(2) A police officer may, at the request of a sheriff’s officer, assist the sheriff’s officer to enforce the writ or warrant.
(3) The Sheriff must give the occupier of land subject to a writ of possession of land or a writ for the levy of property that relates to land not less than 30 days notice to deliver up possession of the land.
(4) Subsection (3) does not apply if the execution of the writ has been previously stayed by a court or if a warrant for possession is issued under the Residential Tenancies Act 2010, the Residential (Land Lease) Communities Act 2013, the Retirement Villages Act 1999 or the Holiday Parks (Long-term Casual Occupation) Act 2002.
(5) In this section—
writ or warrant for possession of land means—
(a) a writ of possession of land, or
(b) a writ for the levy of property that relates to land, or
(c) a warrant for possession of residential premises under the Residential Tenancies Act 2010, or
(d) a warrant for possession of residential premises under the Residential (Land Lease) Communities Act 2013, or
(e) a warrant for possession of residential premises under the Retirement Villages Act 1999, or
(f) a warrant for possession of a site under the Holiday Parks (Long-term Casual Occupation) Act 2002.
s 7A: Ins 2010 No 42, Sch 3.16. Am 2013 No 97, Sch 3.15.
7B Powers when executing certain arrest warrants
7B Powers when executing certain arrest warrants
7B Powers when executing certain arrest warrants
(1) A sheriff’s officer executing an arrest warrant issued by a court under section 97 of the Civil Procedure Act 2005 may require a person named in the warrant to submit to a personal search if the officer believes on reasonable grounds that it is prudent to do so to ascertain whether the person is carrying anything that would present a danger to a person.
(2) Before requiring a person to submit to a personal search under this section, the sheriff’s officer must show the person the arrest warrant and the officer’s certificate of identification referred to in section 13.
(3) A sheriff’s officer may seize and detain a thing found in a personal search under this section that the officer believes on reasonable grounds would present a danger to a person.
(4) A sheriff’s officer who seizes any thing under subsection (3) must—
(a) if the officer is satisfied after examining the thing that its retention as evidence is not required and it is not a danger to a person—return the thing to the person from whom it was confiscated, or
(b) if the officer is not so satisfied—deliver the thing to a police officer as soon as is reasonably practicable.
(5) A personal search of a person conducted under this section must, as far as is reasonably practicable in the circumstances, comply with the following requirements—
(a) the sheriff’s officer must inform the person to be searched of the following matters—
(i) whether the person will be required to remove clothing during the search,
(ii) why it is necessary to remove the clothing,
(b) the sheriff’s officer must ask for the person’s co-operation,
(c) a personal search must be conducted—
(i) in a way that provides reasonable privacy for the person searched, and
(ii) as quickly as is reasonably practicable,
(d) the sheriff’s officer must conduct the least invasive kind of search practicable in the circumstances,
(e) a personal search of a person must be conducted by a sheriff’s officer of the same sex as the person or, if a sheriff’s officer of that sex is unavailable, by another person of that sex at the direction of a sheriff’s officer.
(6) If a sheriff’s officer makes a requirement of a person under subsection (1) and the person fails immediately to comply with that requirement, the sheriff’s officer may again make the requirement and, in that case, must warn the person that a failure immediately to comply with the requirement may be an offence.
(7) If a sheriff’s officer makes a requirement of a person in accordance with subsection (6), the person must immediately comply with the requirement.
Maximum penalty—5 penalty units.
(8) In this section—
personal search has the same meaning as in the Court Security Act 2005.
s 7B: Ins 2019 No 20, Sch 1.21[1].
7C Security for judicial officers
7C Security for judicial officers
7C Security for judicial officers
(1) A sheriff’s officer may provide security services to a judicial officer for the protection of the judicial officer outside court premises.
(2) The services must be provided in accordance with an agreement between the Sheriff and the head of the court of which the judicial officer is a member.
(3) In this section—
court and court premises have the same meanings as in the Court Security Act 2005.
s 7C: Ins 2020 No 4, Sch 1.5. Am 2021 No 4, Sch 1.24. Rep 2023 No 7, Sch 2.45. Ins 2024 No 8, Sch 1[5].
7D Emergency assistance
7D Emergency assistance
7D Emergency assistance
(1) The Sheriff may, with the approval of the Secretary, enter into an agreement with the head of a Public Service agency to enable sheriff’s officers to assist the agency in connection with an emergency.
(2) In this section—
head of a Public Service agency has the same meaning as in the Government Sector Employment Act 2013.
Public Service agency has the same meaning as in the Government Sector Employment Act 2013.
s 7D: Ins 2024 No 8, Sch 1[5].
Part 3 Offences
Part 3 Offences
Part 3 Offences
8 Hindrance or obstruction of persons exercising Sheriff’s functions
8 Hindrance or obstruction of persons exercising Sheriff’s functions
8 Hindrance or obstruction of persons exercising Sheriff’s functions
A person must not hinder or obstruct the Sheriff, or any sheriff’s officer or other person, in the Sheriff’s, sheriff’s officer’s or other person’s exercise of any of the Sheriff’s functions.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
9 Impersonation of sheriff’s officers
9 Impersonation of sheriff’s officers
9 Impersonation of sheriff’s officers
A person who impersonates the Sheriff, or a sheriff’s officer, is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
10 Wearing or possession of sheriff’s officer uniforms by others
10 Wearing or possession of sheriff’s officer uniforms by others
10 Wearing or possession of sheriff’s officer uniforms by others
(1) A person (not being a sheriff’s officer) who wears or possesses a sheriff’s officer uniform is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
(2) A person (including a sheriff’s officer) who uses sheriff’s insignia otherwise than in the course of, and for the purpose of, exercising the functions of a sheriff’s officer is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
(3) A person is not guilty of an offence under this section if—
(a) the act or omission constituting the offence is authorised by the regulations or by a licence granted to the person by the Sheriff, or
(b) the person establishes that the person otherwise had the permission of the Sheriff for the act or omission, or
(c) the person establishes that the person had a reasonable excuse for the act or omission.
(4) Without limiting subsection (3), a person is not guilty of an offence under subsection (1) if the person wore or was in possession of the sheriff’s officer uniform for the purposes of public entertainment.
(5) The Sheriff may grant licences for the purposes of this section, with or without conditions, and may vary or revoke any such licences.
(6) In this section—
sheriff’s insignia means—
(a) any items (being insignia, emblems, logos, devices, accoutrements and other things) that are generally recognised as pertaining to the Sheriff or as being used by sheriff’s officers, or
(b) any parts of any such items, or
(c) any reasonable imitation of any such items or parts, or
(d) any thing or class of thing prescribed by the regulations as being within this definition (whether or not it may already be within this definition),
and includes sheriff’s officer uniforms, but does not include any thing or class of thing prescribed by the regulations as being outside this definition.
sheriff’s officer uniform means the uniform of a sheriff’s officer, and includes—
(a) any parts of such a uniform (or any accoutrements of a sheriff’s officer) that are g
This is an opening excerpt, not the complete document.