Private security in Australia: some legal musings

Date

2010

Authors

Sarre, W.T.

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Journal article

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Journal of the Australasian Law Teachers Association, 2010; 3(1/2):45-54

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Abstract

Given the rapid expansion of the private security commercial sector, one might assume that careful attention would have been paid to the legal framework within which the activities of security personnel take place. Unfortunately, this has not been the case. The legal rights and powers of private security providers are determined by little more than a piecemeal array of common law principles, practical assumptions and ad hoc legislation that was designed principally for property owners and private citizens. The powers and immunities of private security personnel are thus unclear, inconsistent, change from jurisdiction to jurisdiction, and differ markedly from those of the public police even though they are often carrying out many of the same tasks in the same locales. As policing moves more and more into private hands, the legal powers and immunities that apply to private security personnel need attention. This paper looks at the legal options available to policy-makers to address the situation.

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Copyright 2010 Australasian Law Teachers Association

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