Security guards
Security guards have no more power than ordinary citizens. They have no power to search or question you without your consent.
A security guard CANNOT:
- search you unless you agree (even when it is a condition of entry to a shop etc.);
- arrest you unless they see you commit a crime;
- detain you unless they see you commit a crime;
- force you to sign anything;
- force you to go anywhere unless they are detaining you until police arrive;
- force you to be photographed; or
- use excessive force.
You should remember, however, that security guards may have specific powers in relation to the property they are guarding, including deciding whether you may or may not enter, and whether you should be asked to leave. They may ban you from entering by way of notice. You should seek legal advice.
In Victoria, if a security guard sees you committing an offence, they can ‘arrest’ you but it is not the same as a police arrest. You are not required to answer any questions that they ask you but you do have to wait with them until the police arrive. They do not have the power to search or question you without your consent and even if you do consent, you can always withdraw it.
Thanks to the team at Lawstuff for developing this fact sheet.
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