On 27 May 2021, the ACT introduced a new licensing scheme for labour hire providers that will better protect workers and promote responsible practices in the labour hire services industry.
All labour hire providers operating in the ACT are required to hold a licence before or by the 27 November 2021 under the Labour Hire Licensing Act 2020 (the Act).
Individuals or organisations who do not have an approved licence by the 27 November 2021 cannot supply labour hire services in the ACT or they will face regulatory action.
Labour Hire Licensing Regulator – WorkSafe ACT
The legislation is expected to come into force by mid-2021 and will universally apply to Labour Hire in the ACT. It will be phased in over a six month period. Labour Hire companies will need to pass a fit and proper persons test, undergo significant screening and will require providers to renew their licences each year.
ASQA approves extended transition period until 1 July 2020 for CPP30411 Certificate III and CPP20212 Certificate II in Security Operations
ASQA has recently approved an extended transition period for CPP30411 Certificate III in Security Operations and CPP20212 Certificate II in Security Operations for learner cohorts in NSW, ACT, Tasmania and Victoria.
The extended training, assessment and certification issuance period for this qualification ends on 1 July 2020 and was granted to allow these licensing jurisdictions time to update and communicate their revised security educational requirements. As other states and territories in Australia have already amended their requirements, an extended transition period is not required.
The qualifications will remain on RTOs scope of registration until the end of the extended transition period, unless the RTO chooses to withdraw it from scope prior.
The Governing Board of the Long Service Leave Authority has undertaken a review of the operational aspects of the Long Service Leave (Portable Schemes) Act 2009 (the Act).
The review identified a number of areas of the Act that could be amended to provide a more contemporary approach to regulation and enforcement, as well as a number of technical omissions and inconsistencies in the Act.
A Discussion Paper has been prepared to seek input from stakeholders in relation to the issues identified in the review. Read Discussion Paper ACT Govt Review of the long service leave act
Consultation is open for six weeks from 27 March 2019 until 7 May 2019 and you are encouraged to provide input on the issues raised in the Discussion Paper.
Requirements for technical security employee licence applicants have changed.
From 31 August 2017 applicants for the following security employee licence sub-classes will no longer need to have training qualifications in order to apply for a licence in those sub-classes:
- selling security equipment (2B);
- carrying out surveys and inspections of security equipment (2C);
- giving advice about security equipment (2D); and
- installing, maintaining, monitoring, repairing or servicing security equipment (2E).
This change brings the ACT in line with most other jurisdictions regarding the requirements for these sub-classes.
The purpose of this program was to ensure that only qualified people are undertaking security activities in the ACT. The aim was to also engage with security industry to raise awareness about legislative Obligations.
This program was undertaken between July and September 2016 and comprised 447 inspections relating to:
- master licensees;
- advertisements for security activities;
- retailers selling security equipment;
- employee licences; and,
- crowd control records.
Legislation covered in inspections
Access Canberra inspectors take an educative approach when conducting inspections and in instances where non-compliance is identified, voluntary compliance is encouraged. In instances where inspectors find that non-compliance is of a serious nature or that licensees continue to engage in activity that breaches legislation, appropriate compliance action is taken in accordance with the Access Canberra Accountability Commitment.
Access Canberra identified a number of non-compliant issues, including:
- apprentices not acquiring temporary licences in accordance with section 26 of the Security Industry Act 2003;
- security master licensees trading as sole traders also carrying out security activities without holding employee licences;
- unlicensed retailers selling or installing security windows and doors; and,
- lapsed licences.
The focus that Access Canberra placed on this industry, by raising awareness and encouraging compliance amongst security providers, resulted in a positive impact. The outcomes of this review after Access Canberra engagement indicate that the level of compliance in the security industry is about 94%.
Areas all security personnel need to focus on
- Security apprentices to hold temporary licences before engaging in the security activities.
- Security master providing crowd control activities to maintain crowd control records (sign-in register and incident records).
- Master licensee to ensure only licensed employees are deployed in the security activities.
- Avoid licence lapsing by starting renewal process with Access Canberra as soon as practicable.
- Businesses or individuals who sell, install, maintain, monitor, repair or service security equipment that are prescribed under section 8 of the Security Industry Regulation 2003 and are not self-installed to hold appropriate class of licence before engaging in any of the security activities.
In October 2014 the ACT Legislative Assembly passed the Red Tape Reduction Legislation Amendment Act 2014. This Act amends the Security Industry Act 2003 so that it is now no longer a requirement for a person who advertises a security service to include their license number in the advertisement.
Following World Consumer Rights Day on Friday 15 March, The Office of Regulatory Services has launched an online tool to help small business comply with consumer protection law.
“The Small business self assessment checklist was designed to help traders understand how the Australian Consumer Law (ACL) applies to their business activities, and to better understand their obligations when dealing with consumers” said ACT Commissioner for Fair Trading, Brett Phillips. [more]
The ACT Portable Long Service Leave Scheme comes into effect from 1 January 2013, with the first installments due in March 2013.
The scheme will apply to all security manpower employees. After 1 January 2013 security workers in the ACT will be able to keep accruing long service leave entitlements, even if they move between employers in the security industry, through a portable long service leave scheme. [more]
The ACT Office of Regulatory Services has produced the following fact sheets on the new licensing changes.
Security Industry Licensing Changes from 27 September 2012
Disqualifications under the Security Industry Act 2003
A copy the presentation is attached for members information. ORS SPAAL Presentation 18 July 2012