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Security guards & bouncers

The laws about security guards are being reviewed and are likely to change. Check with Victoria Legal Aid or your local community legal centre.

Different kinds of security officers have different roles and powers.

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.

You can question the powers of security guards if you believe they are being over the top.

Security guards must wear identification badges and tell you their name and identification number if you ask them for it.

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 excessive force
  • arrest, hold or question you on a suspicion 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

All security guards are licensed by the Private Agents Registry, which is part of the Victoria Police. The Licensing Service Division (link below) of the Private Agents Registry investigates complaints about security guards, crowd controllers and security companies. If the registry finds that the guard has behaved in an ‘unfair, dishonest or discreditable’ way, they can cancel or suspend their licence.

You can also complain to:

  • the local police
  • the 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

Legal help for young people

Young people & the police

Related publications

Am I old enough?

Related websites

Australian Security Industry Association – complaints and dispute resolution (new window)

Victoria Police – Licensing Services Division (new window)

Ombudsman Victoria (new window)

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 (new window), call them on (03) 9611 2412 or email info@youthlaw.asn.au.