Court Security Act 1980 - legislation.vic.gov.auFILE/80-9499a036.docx · Web viewOCPC Victoria, Word 2007, Template Release Microsoft Word. ... explosive substance or ... a search

Version No. 036

Court Security Act 1980No. 9499 of 1980

Version incorporating amendments as at1 July 2016

TABLE OF PROVISIONSSection Page

1 Short title and commencement 12 Definitions 12A Appointment of authorized officers 62B Identity card 72C Chief executive officer may enter into court security agreement 82D Matters to be included in agreement 82E Application of FOI 93 Powers of authorized officer 93A Police to be present at courts 124 Offence to carry or possess firearm, explosive substance or

offensive weapon on court premises 124A Offence to record proceeding 124B Offence to publish recording of proceeding 144C Offence to transmit to or give recording of proceeding to

another person 155 Savings 166 Regulations 167 Powers to make rules of court or regulations 17

═══════════════

Endnotes 18

1 General information 18

2 Table of Amendments 20

3 Amendments Not in Operation 23

4 Explanatory details 24

1

Version No. 036


Version incorporating amendments as at1 July 2016

An Act to make Provisions in relation to the secure and orderly operation of Courts and other Tribunals, and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title and commencement

(1) This Act may be cited as the Court Security Act 1980.

(2) This Act shall come into operation on the day upon which it receives the Royal Assent.

2 Definitions

(1) In this Act, unless inconsistent with the context or subject-matter—

* * * * *

authorized officer, in relation to any court, means a police officer, police custody officer,

1

S. 2 amended by No. 3/2005 s. 17(2) (ILA s. 39B(1)).

S. 2(1) def. of Australian legal practitioner inserted by No. 62/2014 s. 75, repealed by No. 17/2014 s. 160(Sch. 2 item 26A) (as amended by No. 62/2014 s. 79).

S. 2(1) def. of authorized officer substituted by No. 64/1996 s. 19(a), amended by Nos 37/2014 s. 10(Sch. item 35.1)(b)), 59/2015 s. 24(b).

protective services officer or a person appointed as an authorized officer under section 2A by the chief executive officer of the court or the clerk of the court;

chief executive officer, in relation to a court, means the chief executive officer of the court, by whatever name called;

clerk in relation to a court means—

(a) in the case of the Supreme Court, the Prothonotary;

(b) in the case of the County Court, the Registrar of the County Court;

(c) in the case of the Magistrates' Court, a registrar of that Court;

(ca) in the case of the Coroners Court, a registrar of that Court;

(cb) in the case of the Children's Court, the principal registrar of that Court;

(d) in the case of any other court, the person prescribed by the regulations to be the clerk of that court;

contractor means a party to an agreement under section 2C with a chief executive officer of a court;

court includes—

(a) the Supreme Court; and

(b) the County Court; and

2

S. 2(1) def. of chief executive officer inserted by No. 64/1996 s. 19(b).

S. 2(1) def. of clerk amended by Nos 57/1989 s. 3(Sch. item 38), 77/2008 s. 129(Sch. 2 item 8), 3/2016 s. 13(a).

S. 2(1) def. of contractor inserted by No. 64/1996 s. 19(b).

S. 2(1) def. of court substituted by No. 3/2016 s. 13(b).

(c) the Magistrates' Court; and

(d) the Children's Court; and

(e) the Coroners Court; and

(f) VCAT; and

(g) the Victims of Crime Assistance Tribunal; and

(h) any prescribed tribunal, body or person which is by law entitled to hear, receive and examine evidence;

court premises means—

(a) any premises occupied in connection with the operations of a court, including—

(i) the precincts and immediate environs of those premises, adjacent car parks, adjacent footpaths and laneways between or abutting court premises; and

(ii) court buildings and the exit and entry points and steps to those buildings; or

(b) any other place, limited to where a court is, for the time being, constituted and performing the functions or exercising the powers of that court or in connection with court operations, including any area in the immediate vicinity of that place;

Court Services Victoria has the same meaning as in the Court Services Victoria Act 2014;

3

S. 2(1) def. of court premises substituted by No. 68/2013 s. 3.

S. 2(1) def. of Court Services Victoria inserted by No. 62/2014 s. 75.

explosive substance has the same meaning as in Division 8 of Part I of the Crimes Act 1958;

firearm has the same meaning as in the Firearms Act 1996;

frisk search means—

(a) a search of a person's body conducted by quickly running the hands over the person's outer garments; and

(b) an examination of anything worn by the person that is conveniently and voluntarily removed by the person; and

(c) an examination of anything carried by the person that is voluntarily given to an authorized officer;

judicial officer includes a non-judicial member of VCAT;

news media organisation has the same meaning as in the Open Courts Act 2013;

offensive weapon means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use;

police custody officer has the same meaning as in the Victoria Police Act 2013;

4

S. 2(1) def. of firearms amended by No. 39/1989 s. 4(3)(Sch. item 1), substituted by No. 66/1996 s. 204.

S. 2(1) def. of frisk search inserted by No. 64/1996 s. 19(b).

S. 2(1) def. of judicial officer inserted by No. 62/2014 s. 75.

S. 2(1) def. of news media organisation inserted by No. 62/2014 s. 75.

S. 2(1) def. of police custody officer inserted by No. 59/2015 s. 24(a).

police officer has the same meaning as in the Victoria Police Act 2013;

proceeding means a proceeding in the Supreme Court, the County Court, the Magistrates' Court, the Children's Court, the Coroners Court, VCAT or the Victims of Crime Assistance Tribunal;

prohibited item means—

(a) a firearm; or

(b) an explosive substance; or

(c) an offensive weapon; or

(d) an item that is likely to affect adversely the security, good order or management of the court premises;

protective services officer has the same meaning as in the Victoria Police Act 2013;

publish means disseminate or provide access to the public by any means, including—

(a) by publication in a book, newspaper, magazine or other written publication; or

(b) broadcast by radio or television; or

(c) by electronic communication; or

(d) by public exhibition;

5

S. 2(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 35.1(a)).

S. 2(1) def. of proceeding inserted by No. 62/2014 s. 75.

S. 2(1) def. of prohibited item inserted by No. 3/2005 s. 17(1).

S. 2(1) def. of protective services officer inserted by No. 59/2015 s. 24(a).

S. 2(1) def. of publish inserted by No. 62/2014 s. 75.

recording means all or part of an audio, visual or audiovisual recording and includes a photograph;

scanning search means a search carried out by an electronic or mechanical device whether hand held or otherwise.

(2) A reference in this Act to "the security, good order or management of the court premises" includes—

(a) the safety of all persons who work at or attend the court premises;

(b) the safety and welfare of all persons in custody at the court premises;

(c) the good order or management of legal proceedings or other business conducted at the court premises.

2A Appointment of authorized officers

The chief executive officer of a court or a clerk of a court may only appoint as an authorized officer a person whom the chief executive officer or the clerk is satisfied—

(a) is competent to exercise the functions conferred on an authorized officer by or under this Act; and

(b) is of good repute, having regard to character, honesty and integrity; and

(c) has agreed in writing to exercise the functions conferred on an authorized officer by or under this Act.

2B Identity card

(1) The chief executive officer of a court or a clerk of a court must issue an identity card to each

6

S. 2(1) def. of recording inserted by No. 62/2014 s. 75.

S. 2(1) def. of scanning search inserted by No. 64/1996 s. 19(b).

S. 2(2) inserted by No. 3/2005 s. 17(2).

S. 2A inserted by No. 64/1996 s. 20.

S. 2B inserted by No. 64/1996 s. 20.

authorized officer appointed by him or her under section 2A.

(2) An identity card under subsection (1) must—

(a) contain a photograph of the authorized officer; and

(b) contain the signature of the authorized officer; and

(c) be signed by the chief executive officer of the court or the clerk of the court.

(3) An authorized officer issued with an identity card under subsection (1) must—

(a) at all times while on duty at a court wear it in such manner as to be visible to other persons;

(b) produce it on being requested to do so.

Penalty: 5 penalty units.

2C Chief executive officer may enter into court security agreement

Subject to the Financial Management Act 1994 and the regulations made under that Act, a chief executive officer of a court may enter into an agreement for and on behalf of the Crown with a person or body for the provision by that person or body of court security services to that court.

2D Matters to be included in agreement

An agreement under section 2C must provide for—

(a) compliance by the contractor with all relevant provisions of this Act or the rules or

7

S. 2C inserted by No. 64/1996 s. 20.

S. 2D inserted by No. 64/1996 s. 20.

regulations or of any other Act or instrument of a legislative character;

(b) objectives and performance standards in relation to the provision of services;

(c) the fees, costs and charges to be paid to the contractor;

(d) the submission of periodic reports by the contractor to the chief executive officer in relation to the contractor's operations under the agreement;

(e) an indemnity by the contractor in favour of the Crown and the Minister;

(f) the office the holder of which is to be the principal officer for the purposes of the application of the Freedom of Information Act 1982 to the contractor;

(g) the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor;

(h) any other matter that may be prescribed.

2E Application of FOI

The Freedom of Information Act 1982 applies to a contractor in its capacity as a provider of court security services under this Act as if—

(a) the contractor were an agency within the meaning of that Act; and

(b) the holder of the office specified in the agreement under section 2C for the purposes of the application of the Freedom of Information Act 1982 were the principal officer of that agency; and

(c) the Minister were the responsible Minister of that agency; and

8

S. 2E inserted by No. 64/1996 s. 20.

(d) the persons employed by the contractor were officers of that agency.

* * * * *

3 Powers of authorized officer

(1) Subject to any limitations or restrictions provided by the rules an authorized officer may demand from a person who is on court premises that person's name and address, his reason for being on the premises and evidence of his identity.

(2) Any person who in response to a demand under subsection (1)—

(a) fails or refuses to supply any of the information;

(b) gives false information; or

(c) provides any false evidence of identity—

shall be guilty of an offence against this Act and liable to a penalty not exceeding 10 penalty units.

(3) Subject to any limitations or restrictions provided by the rules, an authorized officer may require a person who wishes to enter the court premises, or is on the court premises—

(a) to submit to a frisk search or a search of any thing in the person's possession;

(b) to submit to a scanning search of his or her person or of any thing in the person's possession;

9

S. 2F inserted by No. 64/1996 s. 20, repealed by No. 82/2012 s. 286.

S. 3(2) amended by No. 10/2004 s. 15(Sch. 1 item 3).

S. 3(3) substituted by Nos 64/1996 s. 21, 3/2005 s. 18(1).

(c) to surrender to the authorized officer any item that the authorized officer believes on reasonable grounds is a prohibited item.

(4) An authorized officer who conducts a search under this section must not use more force, or subject a person to greater indignity, than is reasonably necessary in order to conduct the search.

(5) If, when asked, a person does not submit to a demand under subsection (1) or a requirement under subsection (3), an authorized officer may prohibit the person from entering the court premises, or if the person is on the court premises, remove the person by reasonable force from the court premises.

(6) An authorized officer, who during a search finds a prohibited item or to whom a prohibited item is surrendered, may seize and retain that prohibited item in accordance with this section.

(7) A prohibited item (other than a firearm, an explosive substance or an offensive weapon) that is surrendered by a person in compliance with a requirement under subsection (3)(c) must be retained by the authorized officer until—

(a) the person requests the item's return; or

(b) the expiration of 28 days after the item was surrendered—

whichever happens first.

(8) Despite anything to the contrary in this section, if—

10

S. 3(4) substituted by No. 64/1996 s. 21.

S. 3(5) substituted by No. 64/1996 s. 21.

S. 3(6) inserted by No. 64/1996 s. 21, substituted by No. 3/2005 s. 18(2).



(a) a surrendered or seized prohibited item is a firearm, an explosive substance or an offensive weapon whose possession would constitute an offence under the Crimes Act 1958, the Control of Weapons Act 1990 or this Act, the chief executive officer or a clerk of the court must ensure that the item is given to a police officer within 24 hours after the item is surrendered or seized;

(b) a surrendered or seized prohibited item is not an item referred to in paragraph (a) and is not collected within 28 days after it was surrendered or seized, the chief executive officer or a clerk of the court may destroy the item or sell the item and retain the proceeds of the item's sale.

(9) An authorized officer may refuse a person entry to the court premises or remove a person from the court premises if the authorized person believes on reasonable grounds that the person is likely to affect adversely the security, good order or management of the court premises.

(10) A person must not refuse to comply with a requirement under subsection (3).

Penalty:10 penalty units.

3A Police to be present at courts

The Chief Commissioner of Police must—

(a) direct that a sufficient number of police officers be present to keep order on court premises at all sittings of—

(i) the Supreme Court in its criminal jurisdiction; and

(ii) the County Court in its criminal jurisdiction; and

11

S. 3(8)(a) amended by No. 37/2014 s. 10(Sch. item 35.2).


S. 3(10) inserted by No. 3/2005 s. 18(2).

S. 3A inserted by No. 68/2009 s. 97(Sch. item 36).

S. 3A(a) amended by No. 37/2014 s. 10(Sch. item 35.3).

(b) at the request of the judge presiding at a particular sitting of a court referred to in paragraph (a), direct that an additional number of police officers be present at that sitting.

4 Offence to carry or possess firearm, explosive substance or offensive weapon on court premises

A person who without lawful excuse carries or has in his possession on court premises a firearm or an explosive substance or an offensive weapon is guilty of an indictable offence.

Penalty:Imprisonment for seven years.

4A Offence to record proceeding

(1) A person must not intentionally make a recording of a proceeding except in accordance with subsection (2), (3) or (4).


(2) An officer, employee or agent, or any person authorised by or on behalf, of Court Services Victoria may make a recording of a proceeding if that person does so in the course of the person's engagement, employment or contract.Example

To enable the preparation of an official transcript of a court proceeding.

(3) Subject to any direction of a judicial officer—

(a) a representative of a news media organisation may make an audio recording of a proceeding for the purpose of preparing a media report; and

(b) an Australian legal practitioner or other prescribed person may make an audio recording of a proceeding for the purposes of

12

S. 3A(b) amended by No. 37/2014 s. 10(Sch. item 35.3).

S. 4 (Heading) inserted by No. 62/2014 s. 76.

S. 4A inserted by No. 62/2014 s. 77.

the legal representation of a person in that proceeding.

(4) A person may make a recording of a proceeding if—

(a) express written permission is given by a judicial officer, whether in respect of—

(i) a specific proceeding or class of proceedings; or

(ii) generally; or

(b) required by or authorised under any other Act or subordinate instrument; or

(c) the recording is of a prescribed class of recordings.

4B Offence to publish recording of proceeding

(1) A person must not intentionally publish a recording of a proceeding except in accordance with subsection (2).


(2) A person may publish a recording of a proceeding if express written permission is given by a judicial officer, whether—

(a) in respect of a specific proceeding or class of proceedings or generally; or

(b) for a specific purpose; or

(c) subject to specified conditions; or

(d) in respect of a specific recording or class of recordings; or

13

S. 4B inserted by No. 62/2014 s. 77.

(e) as provided for in any combination of paragraphs (a), (b), (c) or (d).

(3) A person who, after publishing a recording of a proceeding, becomes aware that the recording is not a recording permitted to be made under section 4A(2), (3) or (4) or permitted to be published under subsection (1) must take all reasonable steps within that person's power to remove from publication or take down that recording.


(4) A person is not liable to be prosecuted for an offence against both subsection (1) and section 4C(1) in respect of the same recording.

4C Offence to transmit to or give recording of proceeding to another person

(1) A person must not intentionally transmit to or give a recording of a proceeding to another person except in accordance with subsection (2), (3) or (4).


(2) An officer, employee or agent, or any person authorised by or on behalf, of Court Services Victoria may transmit a recording of a proceeding if that person does so in the course of the person's engagement, employment or contract.Example

To enable the preparation of an official transcript of a court proceeding.

(3) Subject to any direction of a judicial officer—

14

S. 4C inserted by No. 62/2014 s. 77.

(a) a representative of a news media organisation may transmit an audio recording of a proceeding made in accordance with section 4A(3)(a) to another employee or agent of that news media organisation to enable that news media organisation to prepare a media report; and

(b) an Australian legal practitioner or other prescribed person may transmit an audio recording of a proceeding made in accordance with section 4A(3)(b) to another person assisting with the legal representation of the person referred to in that section in that proceeding.

(4) A person may transmit or give a recording of a proceeding to another person if—

(a) express written permission is given by a judicial officer, whether in respect of—

(i) a specific proceeding or class of proceedings; or

(ii) generally; or

(b) required by or authorised under any other Act or subordinate instrument; or

(c) the recording is of a prescribed class of recordings.

5 Savings

(1) The powers conferred by this Act are in addition to and shall not derogate from any other powers conferred on or possessed by any court judge or person in relation to the conduct of proceedings in

15

a court or the regulation of the conduct of persons in court premises.

(2) Nothing in this Act affects any other power of the court in relation to contempt of the court or any other similar power.

6 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter authorized or required to be prescribed for the purposes of this Act or any matter that is necessary or convenient for better securing public order and safety in the courts.

(2) The regulations—

(a) may be of general or limited application;

(b) may differ according to differences in time, place or circumstances;

(c) without limiting paragraph (b), may make different provision for different courts or tribunals or classes of courts or tribunals.

7 Powers to make rules of court or regulations

Powers conferred on any court or on the Governor in Council or on any other person or persons by or under any Act to make rules of court or regulations with respect to the procedure of a court extend to the making of rules of court for the purposes of this Act.

═══════════════

16

S. 6 amended by No. 62/2014 s. 78 (ILA s. 39B(1)).

S. 6(2) inserted by No. 62/2014 s. 78.

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Court Security Act 1980 was assented to on 23 December 1980 and came into operation on 23 December 1980: section 1(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed


17

http://www.legislation.vic.gov.au/

before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).


18

2 Table of AmendmentsThis publication incorporates amendments made to the Court Security Act 1980 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Prescribed Weapons Act 1989, No. 39/1989Assent Date: 6.6.89Commencement Date: 1.9.89: Government Gazette 30.8.89 p. 2210Current State: All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989Assent Date: 14.6.89Commencement Date: S. 3(Sch. item 38) on 1.9.90: Government Gazette

25.7.90 p. 2217Current State: This information relates only to the provisions

amending the Court Security Act 1980

Courts and Tribunals (General Amendment) Act 1996, No. 64/1996Assent Date: 17.12.96Commencement Date: Pt 6 (ss 19–21) on 1.4.97: Government Gazette

20.3.97 p. 619Current State: This information relates only to the provisions


Firearms Act 1996, No. 66/1996Assent Date: 17.12.96Commencement Date: S. 204 on 29.4.97: Government Gazette 24.4.97 p. 912Current State: This information relates only to the provisions


Monetary Units Act 2004, No. 10/2004Assent Date: 11.5.04Commencement Date: S. 15(Sch. 1 item 3) on 1.7.04: s. 2(2)Current State: This information relates only to the provision/s


Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005

Assent Date: 5.4.05Commencement Date: Ss 17, 18 on 6.4.05: s. 2(1)Current State: This information relates only to the provision/s


Coroners Act 2008, No. 77/2008Assent Date: 11.12.08Commencement Date: S. 129(Sch. 2 item 8) on 1.11.09: s. 2Current State: This information relates only to the provision/s



19

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date: 24.11.09Commencement Date: S. 97(Sch. item 36) on 1.1.10: Government Gazette

10.12.09 p. 3215Current State: This information relates only to the provision/s


Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012Assent Date: 18.12.12Commencement Date: S. 286 on 10.2.13: Special Gazette (No. 32) 6.2.13

p. 2Current State: This information relates only to the provision/s


Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013Assent Date: 19.11.13Commencement Date: S. 3 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1Current State: This information relates only to the provision/s


Legal Profession Uniform Law Application Act 2014, No. 17/2014 (as amended by No. 62/2014)

Assent Date: 25.3.14Commencement Date: S. 160(Sch. 2 item 26A) on 1.7.15: Special Gazette

(No. 151) 16.6.15 p. 1Current State: This information relates only to the provision/s


Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14Commencement Date: S. 10(Sch. item 35) on 1.7.14: Special Gazette

(No. 200) 24.6.14 p. 2Current State: This information relates only to the provision/s


Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014Assent Date: 9.9.14Commencement Date: Ss 75–78 on 1.4.15: Special Gazette (No. 364)

14.10.14 p. 1Current State: This information relates only to the provision/s


Justice Legislation Amendment (Police Custody Officers) Act 2015, No. 59/2015Assent Date: 18.11.15Commencement Date: S. 24 on 19.11.15: s. 2Current State: This information relates only to the provision/s



20

Justice Legislation Further Amendment Act 2016 No. 3/2016Assent Date: 16.2.16Commencement Date: S. 13 on 1.7.16: Special Gazette (No. 204) 28.6.16 p. 1Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––


21

3 Amendments Not in OperationThere are no amendments that were Not in Operation at the date of this publication.


22

4 Explanatory details


23

Documents

Court Security Act 1980 - legislation.vic.gov.auFILE/80-9499a036.docx · Web viewOCPC Victoria, Word 2007, Template Release Microsoft Word. ... explosive substance or ... a search