Security guards and Transport Officers

Can I be searched at a shop (or shopping centre) if I am suspect​​ed of shoplifting?

A shop employee or security guard can only search your bags or ask you to empty your pockets with your permission.​

When you enter a shop there could be a condition of entry that you are ​agreeing to show your bag(s) when you leave. If this is a condition of entry, the store should display a sign prominently at the entrance stating that by entering the store, you agree to a bag check. 

If you agree for a shop employee or security guard to look in your bag, they are not allowed to touch any of the contents.

Shop employ​ees or security guards can't:

• search you physically (pat you down)
  
• do an internal search or body cavity search
  
• strip search you.
  

If a shop employee or security guard suspects you of shoplifting they may:

• contact the police.
  
• ban you from going to the shop or shopping centre again.
  

If you have got a fine or been charged with an offence, or if you are unhappy with the way you have been treated, you should get legal advice.

Can a sec​urity guard arrest or detain me?

A security guard, like any other person, is able to make a citizen's arrest. A citizen's arrest can be made if:

• you are committing, or have just committed, an offence
  
• you have committed a serious indictable offence (a serious crime) that you haven't been to court for - you will need to speak to a lawyer to find out if the offence is classed as a serious indictable offence.
  

This means that security guards can't arrest you merely on a suspicion that you have committed an offence.

If a security guard arrests you, ​​​they must:

• contact the police or take you to the police station, and
  
• hand over any property you had on you to the police.
  

If you are arrested by a security guard and you have concerns about whether they had the power to arrest you, you should get legal advice.

Can a security guar​d ask me for identification?

A security guard can ask you for identification, or for you to provide your name and address, but you do not have to give them these details. If you don't, you should be aware that the security guard might refuse you entry to the premises or ask you to leave. For example, a security guard may ask you for identification as a condition of entry to a certain place, such as a nightclub. If you fail to show them identification you may not be able to enter the club.

The rules are different for Transport Officers.

Can I be refused entry or banned from entering a shop or public space?

Usually, a person is free to access shops and public spaces, like cinemas and shopping centres. However, the owner of a shop or place, an employee or security guard at that place, can refuse entr​y or ban you from entering, but they can't unlawfully discriminate against you.

Usually, they will refuse entry or ban you from entering if they believe you h​ave breached a condition of entry, for example where they believe you have stolen something, or where they feel your behaviour is inappropriate.

The right they have to refuse you entry or ban you from entering is similar to your right to refuse someone permission to enter your home. If a person enters your home without your permission they may be charged with trespass. Similarly, if you enter a privately owned place after you are refused entry or banned, you can be charged with trespass.

You should get legal advice if:

• you believe that a shop or place has unlawfully discriminated against you by refusing you entry or banning you
  
• the ban is having a significant effect on you, for example, you have no other shopping centre to go to, or you can't access your doctor or work in the centre.
  

What can I do if I have a​ complaint against a security guard?

If you have a complaint ag​​ainst a security guard you can:

• complain to the organisation that has employed the security guard, for example, this might be the shopping centre or the security guard company
  
• complain to the NSW Police Force Security Licensing & Enforcement​ Directorate (SLED). This registry licences security guards, investigates complaints and can cancel or revoke a licence. Your complaint needs to be put in writing, so you should post it, email it or fax it to them.
  
• report the matter to the NSW Police Force if you believe that a security guard has committed a criminal offence, for example, if they have assaulted you
  
• get legal advice about making a civil claim, for example, if you were assaulted or injured and/or if you want to apply for financial assistance​ under the Victims Support Scheme
  
• complain to Anti-Discrimination NSW or the Australian Human Rights Commission if they have unlawfully discriminated against you.
  

You should get legal advice a​​bout these options.

What action can I tak​​e if a security guard has assaulted me?

If a security guard assaults you, you can report the matter to the police. Th​​e police may investigate the matter and can charge the security guard if they have evidence an offence was committed.

If you ar​e injured as a result of an assault by a security guard you may also ​be able to take legal action against the guard or their employer, and/or you may be able to apply for financial assistance under the Victims Support Scheme.

You should get legal about what options are available to you.

What powers​ do Transport Officers have?

Transport Officers are employed by Transport for NSW to patrol trains, railway stations, ferries and buses.

Transport Officers wear a certain uniform and carry a badge and identity card. If you ask to see their identification, they must show it to you.

Generally, Transport Officers can:

• ask you to provide your name and address - if you fail to do this you could be fined
  
• ask to see your opal card - if you don't have an opal card or if you have not tapped on for that trip, they may give you a caution or fine you
  
• direct you to leave an area and if you don't follow their direction, they can fine you
  
• patrol trains and buses and enforce other restrictions, for example, not smoking in certain places, or not drinking alcohol on the train or bus.
  

Can Transport Officers ask me for my name and add​ress?

Revenue Protection Officers can ask for your details and if you fail to give them this information, you may be fined or charged. If​ they suspect​ you have given them a false name or address, they can ask you to prove the details are corre​ct, for example, by showing identification.

How do I complain about a Transport Officer?​

If you ​​​want to complain about the way you were treated by a Revenue Protection Officer you can:

• make a complaint to Transport for NSW by lodging Complaints and feedback on the Transport for NSW website or over the phone
  
• contact the NSW Ombudsman
  
• make a complaint to Anti-Discrimination NSW. For more information, see Making a complaint
  
• make a complaint to the Australian Human Rights Commission. For more information, see Complaints.
  

You should get legal advice if you want to make a civil claim, for example, if you feel that the officer assaulted you, or breached some other law.