NSW Protection from Personal Liability for Sheriff's Officers

Sheriff and Court Security Amendment Bill 2023

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

Sheriff’s officers are no longer personally liable for actions taken under any Act; this expands their previous protection.
Security officers can arrest people without a warrant outside court premises; this only applies if the person escaped custody and the officer pursued them without interruption.
Sheriff’s officers can provide security for judicial officers outside court premises; this requires an agreement between the Sheriff and the head of the court.
The Sheriff can agree to let sheriff's officers help a Public Service agency during an emergency; the Justice Secretary must approve this.
Security officers can help police or custodial officers with court security incidents; they must act under the direction of the requesting officer.
The Governor can issue commissions to sheriff’s officers to symbolically recognise seniority.

The Debate

What different members said when this bill was debated:

Susan Carter LIB

“Let me begin with an acknowledgement of the tremendous work done by the sheriff’s officers during the summer 2019-20 bushfires.”

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Sue Higginson GRN

“The Greens support the Sheriff and Court Security Amendment Bill 2023. We understand that much of the bill positively enshrines, by way of various exemptions from other laws and through common‑law provisions, some of what sheriffs already do.”

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Stephen Lawrence ALP

“I contribute to debate on the Sheriff and Court Security Amendment Bill 2023, which I support. The bill makes sensible and practical changes to the relevant legislation that empowers our sheriffs. The Office of the Sheriff has a nearly 200-year history.”

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Rod Roberts IND

“I support the Sheriff and Court Security Amendment Bill 2023 in principle. I too have had close working relationships with the sheriffs over a number of years, particularly in my role as a long‑serving police officer but also, after that career, as a real estate agent.”

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Mark Buttigieg ALP

“Susan Carter, Ms Sue Higginson, the Hon. Stephen Lawrence and the Hon. Rod Roberts. The Sheriff and Court Security Amendment Bill 2023 makes several amendments to clarify and update the role, function and structure of the NSW Sheriff’s Office. It also makes amendments to support the continued safety of New South Wales courts, tribunals and judicial officers.”

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News articles and press releases

Sheriff and Court Security Amendment Bill 2023

Dr HUGH McDERMOTT, Member for Prospect — 2023-10-18

The bill introduces several amendments to clarify and update the role, function and structure of the Office of the Sheriff. It also introduces amendments to support the continued safety and security of all New South Wales courts, tribunals and, in fact, judicial officers. In addition, the bill introduces amendments to establish a process by which the sheriff may enter into an agreement for officers to assist other public sector agencies in an emergency such as a bushfire.