1Short 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.
S. 2 amended by No. 3/2005 s. 17(2) (ILA s. 39B(1)).
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This Act may be cited as the Court Security Act 1980.
This Act shall come into operation on the day upon which it receives the Royal Assent.
S. 2 amended by No. 3/2005 s. 17(2) (ILA s. 39B(1)).
In this Act, unless inconsistent with the context or subject-matter—
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 of Australian legal practitioner inserted by No. 62/2014 s. 75, repealed by No. 17/2014 s. 160(Sch. 2 item 26A) (as amended by No. 62/2014 s. 79).
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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), 38/2017 s. 44(a).
authorized officer, in relation to any court, means a police officer, police custody officer, protective services officer or a person appointed as an authorized officer under section 2A;
S. 2(1) def. of chief executive officer inserted by No. 64/1996 s. 19(b).
chief executive officer, in relation to a court, means the chief executive officer of the court, by whatever name called;
S. 2(1) def. of Chief Executive Officer of Court Services Victoria inserted by No. 38/2017 s. 44(d).
Chief Executive Officer of Court Services Victoria means the person appointed under section 22 of the Court Services Victoria Act 2014;
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).
clerk in relation to a court means—
in the case of the Supreme Court, the Prothonotary;
in the case of the County Court, the Registrar of the County Court;
in the case of the Magistrates' Court, a registrar of that Court;
in the case of the Coroners Court, a registrar of that Court;
in the case of the Children's Court, the principal registrar of that Court;
in the case of any other court, the person prescribed by the regulations to be the clerk of that court;
S. 2(1) def. of contractor inserted by No. 64/1996 s. 19(b), amended by No. 38/2017 s. 44(b).
contractor means a party to an agreement under section 2C with Court Services Victoria or a chief executive officer of a court;
S. 2(1) def. of court substituted by No. 3/2016 s. 13(b).
court includes—
the Supreme Court; and
the County Court; and
the Magistrates' Court; and
the Children's Court; and
the Coroners Court; and
VCAT; and
the Victims of Crime Assistance Tribunal; and
any prescribed tribunal, body or person which is by law entitled to hear, receive and examine evidence;
S. 2(1) def. of court premises substituted by No. 68/2013 s. 3.
court premises means—
any premises occupied in connection with the operations of a court, including—
the precincts and immediate environs of those premises, adjacent car parks, adjacent footpaths and laneways between or abutting court premises; and
court buildings and the exit and entry points and steps to those buildings; or
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;
S. 2(1) def. of Court Services Victoria inserted by No. 62/2014 s. 75.
Court Services Victoria has the same meaning as in the Court Services Victoria Act 2014;
explosive substance has the same meaning as in Division 8 of Part I of the Crimes Act 1958;
S. 2(1) def. of firearms amended by No. 39/1989 s. 4(3)(Sch. item 1), substituted by No. 66/1996 s. 204.[1]
firearm has the same meaning as in the Firearms Act 1996;
S. 2(1) def. of frisk search inserted by No. 64/1996 s. 19(b).
frisk search means—
a search of a person's body conducted by quickly running the hands over the person's outer garments; and
an examination of anything worn by the person that is conveniently and voluntarily removed by the person; and
an examination of anything carried by the person that is voluntarily given to an authorized officer;
S. 2(1) def. of judicial officer inserted by No. 62/2014 s. 75.
judicial officer includes a non-judicial member of VCAT;
S. 2(1) def. of news media organisation inserted by No. 62/2014 s. 75.
news media organisation has the same meaning as in the Open Courts Act 2013;
S. 2(1) def. of offensive weapon amended by No. 26/2023 s. 3(2).
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 that person for such use;
S. 2(1) def. of pandemic declaration inserted by No. 26/2023 s. 3(1).
pandemic declaration has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;
S. 2(1) def. of pandemic order inserted by No. 26/2023 s. 3(1).
pandemic order has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;
S. 2(1) def. of police custody officer inserted by No. 59/2015 s. 24(a).
police custody officer has the same meaning as in the Victoria Police Act 2013;
S. 2(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 35.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 2(1) def. of proceeding inserted by No. 62/2014 s. 75.
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;
S. 2(1) def. of prohibited item inserted by No. 3/2005 s. 17(1).
prohibited item means—
a firearm; or
an explosive substance; or
an offensive weapon; or
an item that is likely to affect adversely the security, good order or management of the court premises;
S. 2(1) def. of protective services officer inserted by No. 59/2015 s. 24(a).
protective services officer has the same meaning as in the Victoria Police Act 2013;
S. 2(1) def. of publish inserted by No. 62/2014 s. 75.
publish means disseminate or provide access to the public by any means, including—
by publication in a book, newspaper, magazine or other written publication; or
broadcast by radio or television; or
by electronic communication; or
by public exhibition;
S. 2(1) def. of recording inserted by No. 62/2014 s. 75.
recording means all or part of an audio, visual or audiovisual recording and includes a photograph;
S. 2(1) def. of scanning search inserted by No. 64/1996 s. 19(b), amended by No. 38/2017 s. 44(c).
scanning search means a search carried out by an electronic or mechanical device whether hand held or otherwise;
S. 2(1) def. of Victims of Crime Assistance Tribunal inserted by No. 38/2017 s. 44(d).
Victims of Crime Assistance Tribunal means the Victims of Crime Assistance Tribunal established by Part 3 of the Victims of Crime Assistance Act 1996.
S. 2(2) inserted by No. 3/2005 s. 17(2).
A reference in this Act to "the security, good order or management of the court premises" includes—
S. 2(2)(a) amended by No. 26/2023 s. 3(3)(a).
the safety and welfare of all persons who work at or attend the court premises;
the safety and welfare of all persons in custody at the court premises;
S. 2(2)(c) amended by No. 26/2023 s. 3(3)(b).
the good order or management of legal proceedings or other business conducted at the court premises;
S. 2(2)(d) inserted by No. 26/2023 s. 3(4).
in relation to a pandemic declaration, the health of all persons or any class of person who work at, attend or are in custody at the court premises;
S. 2(2)(e) inserted by No. 26/2023 s. 3(4).
the following of any relevant pandemic order at the court premises;
S. 2(2)(f) inserted by No. 26/2023 s. 3(4).
the following of any relevant directions made by an authorised officer under Part 8A or 10 of the Public Health and Wellbeing Act 2008 at the court premises.
S. 2A inserted by No. 64/1996 s. 20, substituted by No. 38/2017 s. 45.
The Chief Executive Officer of Court Services Victoria may appoint, in accordance with this section, a person as an authorized officer in relation to any of the following courts—
the Supreme Court;
the County Court;
the Magistrates' Court;
the Children's Court;
the Coroners Court;
VCAT;
the Victims of Crime Assistance Tribunal.
The chief executive officer or a clerk of a tribunal, body or person prescribed for the purposes of paragraph (h) of the definition of court in section 2(1) may appoint, in accordance with this section, a person as an authorized officer in relation to that tribunal, body or person.
Before appointing a person under subsection (1) or (2), the relevant decision maker must be satisfied that the person—
is competent to exercise the functions conferred on an authorized officer by or under this Act; and
is of good repute, having regard to character, honesty and integrity; and
has agreed in writing to exercise the functions conferred on an authorized officer by or under this Act.
In this section—
relevant decision maker means—
the Chief Executive Officer of Court Services Victoria in relation to a court referred to in subsection (1); or
the chief executive officer or a clerk in relation to a tribunal, body or person referred to in subsection (2).
S. 2B inserted by No. 64/1996 s. 20.
S. 2B(1) amended by Nos 38/2017 s. 46(1), 26/2023 s. 6.
The Chief Executive Officer of Court Services Victoria or the chief executive officer of a court or a clerk of a court must issue an identity card to each authorized officer appointed by that person under section 2A.
An identity card under subsection (1) must—
contain a photograph of the authorized officer; and
contain the signature of the authorized officer; and
S. 2B(2)(c) substituted by No. 38/2017 s. 46(2).
be signed by the person who issued it.
An authorized officer issued with an identity card under subsection (1) must—
at all times while on duty at a court wear it in such manner as to be visible to other persons;
produce it on being requested to do so.
S. 2C inserted by No. 64/1996 s. 20, substituted by No. 38/2017 s. 47.
Subject to the Financial Management Act 1994 and the regulations made under that Act, Court Services Victoria 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 any of the following courts—
the Supreme Court;
the County Court;
the Magistrates' Court;
the Children's Court;
the Coroners Court;
VCAT;
the Victims of Crime Assistance Tribunal.
Subject to the Financial Management Act 1994 and the regulations made under that Act, the chief executive officer of a tribunal, body or person prescribed for the purposes of paragraph (h) of the definition of court in section 2(1) 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 tribunal, body or person.
S. 2D inserted by No. 64/1996 s. 20.
An agreement under section 2C must provide for—
compliance by the contractor with all relevant provisions of this Act or the rules or regulations or of any other Act or instrument of a legislative character;
objectives and performance standards in relation to the provision of services;
the fees, costs and charges to be paid to the contractor;
S. 2D(d) amended by No. 38/2017 s. 48.
the submission of periodic reports by the contractor to Court Services Victoria or the chief executive officer, as the case may be, in relation to the contractor's operations under the agreement;
an indemnity by the contractor in favour of the Crown and the Minister;
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;
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;
any other matter that may be prescribed.
S. 2E inserted by No. 64/1996 s. 20.
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—
the contractor were an agency within the meaning of that Act; and
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
the Minister were the responsible Minister of that agency; and
the persons employed by the contractor were officers of that agency.
S. 2F inserted by No. 64/1996 s. 20, repealed by No. 82/2012 s. 286.
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S. 3(1) amended by No. 26/2023 s. 4(1)(a).
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, the person's reason for being on the premises and evidence of the person's identity.
S. 3(2) amended by No. 10/2004 s. 15(Sch. 1 item 3).
Any person who in response to a demand under subsection (1)—
fails or refuses to supply any of the information;
gives false information; or
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.
S. 3(2A) inserted by No. 38/2017 s. 49(1).
Subject to any limitations or restrictions provided by the rules, an authorized officer—
may give to a person who wishes to enter court premises, or is on the court premises, a reasonable direction to do or not do a thing, for the purpose of maintaining or restoring the security, good order or management of the court premises; and
may escort a person to or from court premises if that person has consented to being escorted by the authorized officer; and
may, in the course of escorting a person to or from court premises, give a reasonable direction to another person to do or not do a thing, for the purpose of maintaining the safety of the person or the authorized officer; and
may, if the authorized officer reasonably suspects that a recording, transmission or publication made or being made of a proceeding is not permitted by or under this Act or any other law, direct a person to do one or more than one of the following—
stop making the recording, transmission or publication;
permit an authorized officer to view the recording, transmission or publication on a device;
delete the recording.
Note
Sections 4A, 4B and 4C of this Act, sections 3 and 4 of the Judicial Proceedings Reports Act 1958, Part 8 of the Family Violence Protection Act 2008 and section 20 of the Supreme Court Act 1986 place restrictions on the recording, publication and transmission of court proceedings. An order made under the Open Courts Act 2013 may restrict the publication of proceedings and that Act refers to other Acts that restrict the publication of proceedings.
S. 3(2B) inserted by No. 38/2017 s. 49(1), amended by No. 26/2023 s. 4(2).
Subject to subsection (2C), a person must comply with a direction under subsection (2A).
Penalty: 10 penalty units.
S. 3(2C) inserted by No. 38/2017 s. 49(1).
A person does not contravene subsection (2B) in relation to a direction under subsection (2A)(d) if the recording, transmission or publication is permitted by or under this Act or any other law.
S. 3(3) substituted by Nos 64/1996 s. 21, 3/2005 s. 18(1).
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—
to submit to a frisk search or a search of any thing in the person's possession;
S. 3(3)(b) amended by No. 26/2023 s. 4(1)(b).
to submit to a scanning search of their person or of any thing in the person's possession;
to surrender to the authorized officer any item that the authorized officer believes on reasonable grounds is a prohibited item.
S. 3(4) substituted by Nos 64/1996 s. 21, 38/2017 s. 49(2).
An authorized officer may use reasonable force to do any of the following—
conduct a frisk search or scanning search under subsection (3);
enforce a direction given to the person under subsection (2A);
prohibit a person from entering, or remove a person from, court premises under subsection (5) or (9);
S. 3(4)(d) substituted by No. 26/2023 s. 4(3).
seize under subsection (6) any item the authorized officer believes on reasonable grounds is a prohibited item;
ensure the safety of a person being escorted, or the safety of an authorized officer when escorting a person, under subsection (2A)(b).
S. 3(4A) inserted by No. 38/2017 s. 49(2).
An authorized officer who conducts a search under this section must not subject a person to greater indignity than is reasonably necessary to conduct the search.
S. 3(5) substituted by No. 64/1996 s. 21, amended by No. 38/2017 s. 49(3).
If, when asked, a person does not submit to a demand under subsection (1), comply with a direction under subsection (2A) 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 from the court premises.
S. 3(6) inserted by No. 64/1996 s. 21, substituted by Nos 3/2005 s. 18(2), 26/2023 s. 4(4).
An authorized officer who, during a search, finds an item that the authorized officer believes on reasonable grounds is a prohibited item or to whom an item is surrendered that the authorized officer believes on reasonable grounds is a prohibited item, may seize and retain that item as a prohibited item in accordance with this section.
S. 3(7) inserted by No. 64/1996 s. 21, substituted by No. 3/2005 s. 18(2).
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—
the person requests the item's return; or
the expiration of 28 days after the item was surrendered—
whichever happens first.
S. 3(8) inserted by No. 64/1996 s. 21, substituted by No. 3/2005 s. 18(2).
Despite anything to the contrary in this section, if—
S. 3(8)(a) amended by No. 37/2014 s. 10(Sch. item 35.2).
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;
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.
S. 3(9) inserted by No. 64/1996 s. 21, substituted by No. 3/2005 s. 18(2), amended by No. 11/2021 s. 106.
An authorized officer may refuse a person entry to the court premises or remove a person from the court premises if the authorized officer believes on reasonable grounds that the person is likely to affect adversely the security, good order or management of the court premises.
S. 3(10) inserted by No. 3/2005 s. 18(2), amended by No. 26/2023 s. 4(2).
A person must comply with a requirement under subsection (3).
S. 3(11) inserted by No. 38/2017 s. 49(4), amended by No. 26/2023 s. 4(5).
An authorized officer who gives a direction to a person or demands or requires a person to do a thing under this section must advise the person before or immediately after giving the direction or making the demand or requirement that the person may commit an offence by not complying with the direction, demand or requirement.
S. 3A inserted by No. 68/2009 s. 97(Sch. item 36).
The Chief Commissioner of Police must—
S. 3A(a) amended by No. 37/2014 s. 10(Sch. item 35.3).
direct that a sufficient number of police officers be present to keep order on court premises at all sittings of—
the Supreme Court in its criminal jurisdiction; and
the County Court in its criminal jurisdiction; and
S. 3A(b) amended by No. 37/2014 s. 10(Sch. item 35.3).
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.
S. 4 (Heading) inserted by No. 62/2014 s. 76.
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.
S. 4A inserted by No. 62/2014 s. 77.
A person must not intentionally make a recording of a proceeding except in accordance with subsection (2), (3) or (4).
Penalty: 20 penalty units.
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 s. 4A(2) amended by No. 26/2023 s. 9(1).
Example
To enable the preparation of an official transcript of a court proceeding or for the purposes of section 8B of the Open Courts Act 2013.
S. 4A(3) amended by No. 26/2023 s. 9(2).
Subject to any direction of a court—
a representative of a news media organisation may make an audio recording of a proceeding for the purpose of preparing a media report; and
an Australian legal practitioner or other prescribed person may make an audio recording of a proceeding for the purposes of the legal representation of a person in that proceeding.
A person may make a recording of a proceeding if—
express written permission is given by a judicial officer, whether in respect of—
a specific proceeding or class of proceedings; or
generally; or
required by or authorised under any other Act or subordinate instrument; or
the recording is of a prescribed class of recordings.
S. 4B inserted by No. 62/2014 s. 77.
S. 4B(1) amended by No. 26/2023 s. 10(1).
A person must not intentionally publish a recording of a proceeding except in accordance with subsection (2) or (2A).
Penalty: 20 penalty units.
A person may publish a recording of a proceeding if express written permission is given by a judicial officer, whether—
in respect of a specific proceeding or class of proceedings or generally; or
for a specific purpose; or
subject to specified conditions; or
in respect of a specific recording or class of recordings; or
as provided for in any combination of paragraphs (a), (b), (c) or (d).
S. 4B(2A) inserted by No. 26/2023 s. 10(2).
A person may publish a recording of a proceeding if the person does so on behalf of a court or tribunal for a purpose set out in section 8B of the Open Courts Act 2013.
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.
Penalty: 20 penalty units.
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.
S. 4C inserted by No. 62/2014 s. 77.
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