Protests and non-police officials
At protests, police officers are increasingly being assisted by other officials. For example, officers from the Victorian Government Department of Energy, Environment and Climate Action assist police officers at forest protests, and security firm personnel attend demonstrations where private property is at risk. The powers of government or quasi-government officials are specified in the relevant legislation.
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The Victoria Police Act 2013 (Vic) designates the powers of PSOs. In the course of their duties, PSOs may exercise the same powers and responsibilities as police officers. Like police, they have additional arrest powers provided to them under section 459 of the Crimes Act (Vic) (see Chapter 3.5: Arrest, search, interrogation and your rights).
You can make a complaint against a PSO in the same way as you can make a complaint against a police officer. For more information, see Chapter 12.4: Complaints against Victoria Police.
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Private security guards are not police officers; they do not have most of the powers that police officers have. The power of arrest of private security guards is usually limited to the citizen’s arrest powers.
A citizen can only use proportionate force to prevent the commission of an indictable (serious) offence, or to assist the lawful arrest of a person suspected of committing any offence (Crimes Act (Vic) s 462A). In doing so, a citizen cannot break rules and regulations. (See ‘Use of force in arrest’ in Chapter 3.5: Arrest, search, interrogation and your rights.)
Like police officers, private security guards can only use ‘reasonable and proportionate force’ to perform their lawful functions.
The other additional power that security guards have is that which is vested in them by the owners of the private property, to protect that property. In some cases, this power may be written in legislation about the organisation, such as the Act establishing a university.
The Victorian Ombudsman can only investigate the conduct of local and state government employees. The private security industry is regulated by the Licensing Services Division of Victoria Police (email: licensingservices@police.vic.gov.au).
Alternatively, where you have sufficient evidence and significant injuries have been incurred, civil action against the private security firm may be appropriate.
Protests and non-police officials
Chapter: 11.4: Community activism
Contributor: Tabitha O’Shea, Senior Lawyer, Inner Melbourne Community Legal
Current as of: 1 September 2024
Law Handbook Page: 951
Next Section: More information
