Legal powers, obligations and immunities

Date

2014

Authors

Sarre, R.

Editors

Prenzler, T.

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Book chapter

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Source details - Title: Professional practice in crime prevention and security management, 2014 / Prenzler, T. (ed./s), Ch.10, pp.149-161

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Abstract

On a daily basis in Australia security officers search bags, forbid entry bar exits, ask probing questions, detain people, confiscate property, carry out inquiries and operate covert surveillance equipment, most significantly CCTV, without any clearly stated, or well understood, legal parameters. This chapter is designed to fill this gap. It examines the legal principles that apply to the activities that are routinely carried out on a daily basis by Australian security personnel. What will become immediately clear is that the legal powers, obligations and immunities of private security providers are not set out in an easily accessible statute, but are, rather, determined by a piecemeal array of common law principles, practical assumptions and legislative principles that were designed principal with other people in mind; for example, private citizens, police officers, journalists, landowners and employers. This chapter will explore these principles, and will seek to clarify what they mean for people carrying out ' policing' powers on behalf of other people. On a daily basis in Australia security officers search bags, forbid entry bar exits, ask probing questions, detain people, confiscate property, carry out inquiries and operate covert surveillance equipment, most significantly CCTV, without any clearly stated, or well understood, legal parameters. This chapter is designed to fill this gap. It examines the legal principles that apply to the activities that are routinely carried out on a daily basis by Australian security personnel. What will become immediately clear is that the legal powers, obligations and immunities of private security providers are not set out in an easily accessible statute, but are, rather, determined by a piecemeal array of common law principles, practical assumptions and legislative principles that were designed principally with other people in mind; for example, private citizens, police officers, journalists, landowners and employers. This chapter will explore these principles, and will seek to clarify what they mean for people carrying out ' policing' powers on behalf of other people.

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Copyright 2014 The Author

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