What it does
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.