Question:

Is a security guard of westfield(in australia) allowed to touch anyone once they are outside of the shop?

by  |  earlier

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Or is it up to the police once they are outside? Because don't the security guards only have power in the shopping centre?

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  1. Once you've left the property of Westfield, the security guards are legally not able to touch you, unless you have committed and offence which warrants the grounds to citizens arrest (which is what they'd be outside the grounds).

    As you said, outside of that, it's really up to the police to enforce law.


  2. Their authority to use force very likely includes the property upon which the shop is located.  They would need to detain someone while waiting for the police to arrive.

  3. A security guard has no powers of arrest above that of a regular person, either inside or outside a shopping centre. To perform a citizen's arrest they would also have to be aware that you had committed a crime (whereas police can arrest merely on reasonable suspicion). They also can't search you even if it is a condition of entry in a shop. To do so otherwise would render them open to actions for false imprisonment or battery. This is the case in NSW, and probably in many other jurisdictions.

    As an agent of the shopping centre however, they can ban you from coming in.

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