NSW Legal • Security Powers
What Security Guards Can and Can't Do in NSW
Security guards in NSW are not police. They have no special legal powers beyond what any citizen has — with one important addition: the citizen’s arrest. Understanding the boundaries matters for both the guard and the client deploying them. Here’s the practical guide, written for the people who hire guards, not the guards themselves.
Primary sources: NSW Security Industry Act 1997 · NSW Crimes Act · NSW Police SLED licensing.
What Security Guards Are Authorised to Do
- Observe and report. Monitor premises, note suspicious activity, and report to the client and/or police.
- Ask people to leave. If someone is on private property without authorisation, a guard can ask them to leave. If they refuse, the guard contacts police.
- Control access. Check credentials, IDs, and tickets at entries. Deny entry to those who don't meet the criteria set by the property owner/event organiser.
- Citizen's arrest. Under Section 100 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), any person (including a guard) can arrest someone they find committing a serious indictable offence — but only to hand them to police without delay.
- Use reasonable force. Only in self-defence, defence of another person, or to prevent a crime being committed. "Reasonable" is the key word — and courts interpret it narrowly.
- Search bags at events. Only with the person's consent (usually a condition of entry posted on signage). A guard cannot forcibly search anyone.
What Security Guards Cannot Do
- Cannot arrest someone for a minor offence. Citizen's arrest applies only to serious indictable offences (carrying 5+ years imprisonment). Shoplifting under $300, trespass, or being drunk and disorderly are NOT grounds for citizen's arrest in most cases.
- Cannot use excessive force. A guard who tackles, strikes, or restrains someone beyond what's "reasonable in the circumstances" faces assault charges — the same as any citizen.
- Cannot detain someone against their will (beyond citizen's arrest for a serious offence). Holding someone in a room, blocking exits, or physically preventing someone from leaving = false imprisonment.
- Cannot search anyone without consent. Bag checks at venues work because entry is conditional on consent. On the street or in a car park, a guard has no power to search.
- Cannot carry weapons. Standard Class 1A guards are unarmed. Armed guarding (Class 1D) is a separate licence and extremely rare in civilian commercial security in Australia.
- Cannot issue fines, cautions, or legal notices. These are police and regulatory powers only.
The Citizen's Arrest Power — When Guards Can Detain
The citizen's arrest is the single most misunderstood aspect of guard powers. Under NSW law:
- The guard must personally witness the serious offence being committed (not just suspect it)
- The offence must be a serious indictable offence (punishable by 5+ years imprisonment)
- The guard must use only reasonable force to make the arrest
- The detained person must be handed to police without delay
In practice, this applies to scenarios like: a guard witnesses someone physically breaking into a locked container on a construction site, or a guard sees someone commit a violent assault at an event. It does not apply to: suspected shoplifting, verbal threats, trespassing without force, or someone who "looks suspicious."
Misusing the citizen's arrest power exposes the guard and the hiring company to civil liability for false imprisonment and assault. This is why reputable security companies train their guards to observe, report, and call police — not to play law enforcement.
How to Brief Your Guards to Stay Within Legal Boundaries
As the client deploying guards, your operational brief should explicitly cover:
- What the guard should do when they encounter an unauthorised person (ask to leave → if refused → call police)
- What the guard should NOT do (no physical confrontation, no chasing, no searching, no restraining)
- When to call police (any criminal activity, refusal to leave, threats of violence, property damage in progress)
- Incident documentation requirements (written report within 1 hour, photos where safe, witness details)
- Use of force policy (self-defence only, de-escalation first, disengage if unsafe)
A well-briefed guard protects your site AND protects your liability. A poorly-briefed guard creates more risk than they prevent.
Frequently Asked Questions
Can a security guard physically restrain someone in NSW?
Only in very limited circumstances: self-defence, defence of another person, or a citizen's arrest for a serious indictable offence witnessed in person. The force used must be 'reasonable in the circumstances.' Excessive force = assault charges for the guard and civil liability for the employer.
Can a security guard search my bag?
Only with your consent. At events and venues, bag checks work because entry is conditional on agreeing to a search (posted on signage). In a public space, car park, or retail store, a guard has no power to search you without your agreement. You can refuse and leave.
Can a security guard detain a shoplifter?
Only if the guard personally witnesses a serious indictable offence (theft of goods worth enough to trigger 5+ years imprisonment). For typical retail shoplifting (under $300), a citizen's arrest is NOT justified under NSW law. The guard should observe, gather evidence (CCTV), and call police.
Can a security guard ask me to leave private property?
Yes. If you're on private property without authorisation, a guard acting on behalf of the property owner can ask you to leave. If you refuse, the guard contacts police — they cannot physically remove you (unless your continued presence constitutes a serious offence).
What happens if a security guard uses excessive force?
The guard faces criminal assault charges (the same as any citizen). The security company and the client who hired them may face civil liability for damages. Insurance claims arising from excessive force by a guard can be denied. This is why proper briefing and de-escalation training matter.
Do security guards have more legal power than regular citizens?
No. Security guards in NSW have no special legal powers beyond those of any citizen. Their authority comes from the property owner's right to control access to private premises — not from any statutory grant of police-like powers. The Class 1A licence authorises them to work as guards, not to exercise extra-legal force.
Need guards who understand the legal boundaries?
SRS guards are trained in de-escalation, NSW legal powers, and proper incident documentation. We brief every guard on your specific site requirements before deployment.