Court Security Act 2005 (NSW)

Court Security Act 2005 No 1

An Act to make provision with respect to the security of courts and tribunals; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Court Security Act 2005.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are— (a) to provide for the secure and orderly operation of courts, and (b) to confer certain functions on judicial officers and security officers for that purpose.

4 Definitions (1) In this Act— audio link means facilities (including telephone) that enable audio communication between persons at different places. audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places. correctional centre means a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999, and includes a correctional complex within the meaning of that Act. correctional officer means a correctional officer within the meaning of the Crimes (Administration of Sentences) Act 1999. court means any of the following— (a) the Supreme Court, (b) the Industrial Relations Commission, (c) the Land and Environment Court, (d) the District Court, (e) the Drug Court, (f) the Children's Court, (g) the Local Court (including the Local Court constituted by an Industrial Magistrate), (h) the Dust Diseases Tribunal, (i), (j) (Repealed) (k) a person who exercises or performs the functions of a coroner under the Coroners Act 2009, (l) the Civil and Administrative Tribunal, (m) the State Parole Authority, (n) any other tribunal, body or person prescribed by the regulations that is authorised by law to conduct proceedings for the purpose of the determination of any matter or thing. court premises, in relation to a court, means the premises or place where a court is held or that is used in relation to the operations of a court, and (without limitation) includes— (a) a forecourt, courtyard, yard, parking area, toilet facility, hall, corridor or other area used in conjunction with the premises or place, and (b) a part of premises or a place used as an entrance to or exit from the premises or place where the court is held or that is used in relation to the operations of the court, and (c) a part of premises or a place being used to enable a person to appear before the court by means of an audio link or audio visual link, and (d) any part of premises or a place used in relation to the operations of a court, or referred to in the preceding paragraphs, that is also used for other purposes. court security power means a power conferred on a security officer by Part 3. custodial officer for a person means any of the following— (a) a police officer who has lawful custody of the person for the time being, (b) a correctional officer or other officer of the Department of Corrective Services who has lawful custody of the person for the time being, (c) an officer of the Department of Juvenile Justice who has lawful custody of the person for the time being. exercise a function includes perform a duty. face and face covering have the same meanings as they have in the Law Enforcement (Powers and Responsibilities) Act 2002. fail to comply includes refuse to comply. function includes a power, authority or duty. journalist means a person engaged in the profession or practice of reporting, photographing, editing or recording for a media report of a news, current affairs, information or documentary character. judicial officer means— (a) a judicial officer within the meaning of the Judicial Officers Act 1986, or (b) any other person who is, or who alone or with others constitutes, a court. media report means an article, program or other report for publication in or broadcast on any of the following— (a) a newspaper, magazine, journal or other periodical, (b) a radio or television broadcasting service, (c) an electronic service (including a service provided by the Internet) that is similar to a newspaper, magazine, radio broadcast or television broadcast. mobile phone includes any device that may be used, in whole or in part, for the purpose of sending or receiving voice or other data over a mobile telephone network, whether or not it may be used for any other purpose. offensive implement means any thing (other than a restricted item)— (a) made or adapted for use for causing injury to a person, or (b) intended, by the person having custody of the thing, to be used to injure or menace a person or damage property. personal search means a search (other than a scanner search) of a person or of things in the person's possession or control that may include any of the following— (a) an examination of any thing worn or carried by the person that is conveniently and voluntarily removed by the person, (b) a search of a person conducted by quickly running the hands over the person's outer clothing, (c) requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes, belt and hat and conducting an examination of those things, but does not include requiring a person to remove a face covering. recording device means any device that is capable of being used to record images or sound (or both), including any of the following devices— (a) a camera (including a video camera), (b) a mobile phone that is capable of recording images or sound (or both), (c) a tape recorder or digital audio recorder, (d) a portable document scanner. restricted item means any of the following— (a) any prohibited weapon within the meaning of the Weapons Prohibition Act 1998, (b) a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, (c) any knife (whether or not a prohibited weapon within the meaning of the Weapons Prohibition Act 1998). scanner search means a search of a person or of things in the person's possession or control that involves— (a) passing an electronic scanning or screening device over or in close proximity to the person's outer clothing, or (b) requiring the person to pass through, or provide a thing for passage through, an electronic scanning or screening device. security officer means— (a) the Sheriff, or (b) a person appointed by the Sheriff under section 21.