Court Security Regulation 2021 (2021-457) (NSW)

Court Security Regulation 2021

1 Name of Regulation This Regulation is the Court Security Regulation 2021.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Court Security Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

3 Definition In this Regulation— the Act means the Court Security Act 2005.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4 Bags and containers for exhibits that are restricted items For the purposes of the Act, section 8(2)(a)(ii), a bag or container is prescribed if— (a) the Sheriff's insignia is printed on the bag or container in a conspicuous position, and (b) the bag or container is issued by a security officer.

5 Permissible uses of recording devices For the purposes of the Act, section 9(2)(e), the use of recording devices in the following circumstances is prescribed— (a) in the court premises of the Civil and Administrative Tribunal with the approval of the principal registrar of the Tribunal, (b) in the court premises of the Local Court with the approval of the relevant registrar of the Local Court, (c) the use of body-worn video by a police officer in court premises in accordance with— (i) the Surveillance Devices Act 2007, section 50A, and (ii) a written agreement between the Commissioner of Police and the Sheriff and in consultation with the head of the court concerned, however described.

5A Use of body-worn recording device by sheriff's officer (1) For the Act, section 9(2)(e), the use of a body-worn recording device by a sheriff's officer is permitted in court premises if— (a) the use of the device is governed by a written agreement between the Sheriff and the head of the court concerned, however described, and (b) the officer is using the device while acting in the execution of the officer's duties, and (c) the device is prominently attached to the officer's uniform, and (d) at least one of the following applies to the use of the device by the officer— (i) before making a recording, the officer made a reasonable attempt to ensure the person likely to be recorded by the device was aware the device was capable of recording images or sound, or both, (ii) in the opinion of the officer, there is a significant risk of harm to the officer or another person, (iii) the recording of images or sound, or both, by the device is inadvertent or unexpected. (2) This section is repealed at the end of 30 November 2025.