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Security guards and bouncers
There are many different kinds of security staff with different roles and powers. Security guards and bouncers (crowd controllers) are licensed by the Licensing Service Division of the Victoria Police (link below).
Security guards in shopping centres and other public places are employed to make sure the public can use the facilities safely. In public places, like parks, they have the same powers as any other person.
In privately owned places, like nightclubs, they can have wider powers depending on what the owners ask them to do. Some places are both private and public, like shopping centres.
Security staff must wear identification badges and tell you their name and identification number if you ask them for it.
You can question the powers of security guards if you believe they are being over the top.
What security guards can and can't do
If a security guard sees you doing something that is not allowed in that area, like smoking or riding a bike in a shopping centre, they can ask you to leave. If you refuse, they can remove you from the premises using reasonable force.
A security guard can arrest you if they see you committing an offence. This is the same as a ‘citizen’s arrest’. A security guard can also hold you until the police arrive. You don’t have to answer any questions a security guard asks you.
A security guard can ask to search your bag. They can only search your bag if you let them. You can refuse. You can also withdraw your permission at any time during the search. However, searching your bag may be a condition of entry to some places, like shops or sports stadiums.
A security guard can’t:
- use too much force
- arrest, hold or question you if they only suspect you have committed an offence
- ask you to leave an area because of your age (unless it is a legal requirement, like at a pub), race, mental illness, disability or because you may be gay or lesbian.
Complaints about security staff
You can complain to:- the local police
- shopping centre management
- the security firm who employs the guard
- the Victorian Ombudsman (link below)
- the relevant industry association.
Security companies have a code of practice they must follow. Find out which association the company belongs to and make a complaint. The Australian Security Industry Association (link below) covers most companies. Contact them to check if the company is a member.
More information
Related publications
Related websites
Australian Security Industry Association – complaints and dispute resolution
Victoria Police – Licensing Services Division
How we can help
Victoria Legal Aid’s (VLA) has a Youth Legal Service that provides legal information and assistance to children, young people and parents.
Call VLA’s Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals, including the Children’s court
- advice at many correctional facilities, remand and detention centres, including the Melbourne Juvenile Justice Centre, Parkville Youth Residential Centre and secure welfare facilities.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help?
Youthlaw is a community legal centre for young people up to the age of 25. Youthlaw can help with:
- confidential legal advice, information and casework services
- information about your legal rights and responsibilities.
See the Youthlaw website, call them on (03) 9611 2412 or email info@youthlaw.asn.au.