News & Security Advice

New South Wales

NSW legislative changes for Commercial Agents and Private Inquiry Agents

The Commercial Agents and Private Inquiry Agents Act 2004 (CAPI) will be repealed on 1 July 2022.

From that date:

  • existing CAPI licences will cease to be current
  • NSW Fair Trading will be responsible for licensing of Commercial Agents
  • SLED will remain responsible for licensing of Private Inquiry Agents, which will become Private Investigators as a new subclass of security licence.

HOW IT WORKS

Commercial Agents

You can find information on the regulation of, and licensing requirements for, commercial agents from 1 July 2022, on the NSW Fair Trading website.

Private Inquiry Agents

If, on 30 June 2022, you have a current CAPI licence with subclass/es for Private Inquiry Agent activities, it will become a security licence as from 1 July 2022.

If you already hold a security operative licence, subclass 2E (Private Investigator) will be added to the licence and the security licence expiry date will be retained.

If you already hold a security Master licence, you will be authorised to provide subclass 2E (Private Investigator) operatives and the security licence expiry date will be retained.

If you do not already hold a security licence, your CAPI licence number will be your security licence number. The security licence will retain the expiry date of the former CAPI licence.

The current requirement to have completed a CPP30619 Certificate III in Investigative Services will apply to the subclass 2E (Private Investigator) of a security licence.

Next steps

A Security Industry Amendment Regulation is being finalised that will prescribe transitional arrangements to ensure no licensee is disadvantaged by these changes.

SLED will write to current CAPI licensees closer to 1 July 2022 to provide more information, including information on any refund due to you following the transition. Refunds will not be made before 1 July 2022.

We will also provide more information on qualifications, including any requirement to provide evidence of your existing qualifications you relied on for your CAPI licence.

Important points

You MUST hold a current CAPI licence if you are conducting CAPI activities before 1 July 2022.

Probationary CAPI licences with subclass/es for Private Inquiry Agent activities will transition to a security operative licence. However, you will not be able to renew the security licence unless you provide evidence you have completed a CPP30619 Certificate III in Investigative Services.

New rules for commercial agents in NSW Survey

NSW Fair Trading will take over the regulation of Commercial Agents from 1 July 2022 while Private Inquiry agents will become a new subclass of security licence and renamed Private Investigators.

You currently have the opportunity to give your feedback on the draft Fair Trading Amendment (Commercial Agents) Regulation, which will support the incoming Fair Trading Amendment (Commercial Agents) Act 2016.

You can find more information here: www.haveyoursay.nsw.gov.au/commercial-agents

 

NSW vaccination requirements for authorised workers from the LGAs of concern

NSW Health is announcing changes in requirements for vaccination of authorised workers and the use of rapid antigen testing in the workplace.

In order to work outside their area of concern, authorised workers must now have received at least one dose of a COVID-19 vaccine by Monday 6 September.

Authorised workers under the age of 16 years will be exempt from the requirement to be vaccinated.

A relevant care worker 16 years and over whose place of residence or place of work is in an area of concern must also have received at least one dose of a COVID-19 vaccine by Monday 6 September in order to attend work. This includes those who work in an early education and care facility or who provide disability support services.

Rapid antigen testing will no longer be an alternative to vaccination.

NSW Health has made a commitment to provide advice to industry on the important role rapid antigen testing can play to protect workers and prevent disease transmission, and give guidance on the types of workplaces that may benefit from such testing and inform COVID-19 Workplace Checklists and safety work plans.

These are all amendments to the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) Amendment Order 2021.

Vaccination is highly encouraged and workers from the LGAs of concern are offered priority bookings for vaccination. In line with the amended public health order, if an authorised worker is not vaccinated or does not have a medical contraindication form, they will not be able to work outside their LGA.

Please use the following links for priority bookings:

NSW COVID-19 travel registration

You will need to register your travel within NSW if leaving Greater Sydney or leaving or entering an area of concern for work.

NSW Lockdown – New Restrictions and Fines

Increased fines of up to $5,000 for COVID breaches, $320 COVID-19 Test and Isolate Support Payments, permits to enter regional NSW and a heightened police presence will be introduced, as NSW continues to battle the Delta variant. 

In addition, in Greater Sydney and other lockdown areas, the 10 kilometre rule will be reduced from 12.01am Monday, August 16, with shopping, exercise and outdoor recreation to be done in a person’s local government area (LGA) or, if outside their LGA, within 5 kilometres of home. LGAs of concern must still exercise and shop within 5 kilometres from home only. 

Under the changes, there will be increased fines for Public Health Order breaches, a permit system to enter regional NSW and tightened rules for people in LGAs of concern to help reduce the spread of the Delta variant.

Increased fines for Public Health Order breaches (from 12.01am, Monday, 16 August): 

  • $5,000 on the spot fine for breaching self-isolation rules;
  • $5,000 on the spot fine for lying on a permit (already a criminal offence);
  • $5,000 on the spot fine for lying to a contact tracer (already a criminal offence);
  • $3,000 on the spot fine for breaching the two person outdoor exercise/recreation rule; and
  • $3,000 on the spot fine for breaching rules around entry into regional NSW for authorised work, inspecting real estate and travelling to your second home.

Permit system to enter regional NSW (from 12.01am, Saturday, 21 August):

  • Any person who wishes to travel to regional NSW for one of the following reasons must have a permit which will be made available on Service NSW:
    • authorised workers from LGAs of concern
    • inspecting real estate. Any person inspecting real estate in the regions must now genuinely need a home to live in (no investment properties); and
    • travelling to your second home. This is now only allowed if you are using the home for work accommodation or if the home requires urgent maintenance and repairs (if so, only one person may travel there).

Changes for residents in local government areas of concern:

  • From 12.01am, Monday, 16 August: only exercise and supervision of children allowed (no outdoor recreation); 
  • From 12.01am, Saturday, 21 August: People who live alone must now register their “singles bubble”. Registration will be made available on nsw.gov.au.

Regional NSW - Stay-at-home orders for regional nsw from 5pm, 14 August 2021

Update NSW Authorised workers in the security industry

Stay at home restrictions have been lifted for the BlayneyCabonne and Orange local government areas. Regional and rural residents should continue to follow the COVID safe measures as published on https://www.nsw.gov.au/covid-19/rules/what-you-can-do-nsw.

Specific restrictions now apply to residents of BlacktownCampbelltownCanterbury-BankstownCumberlandFairfieldGeorges RiverLiverpool  and Parramatta local government areas and residents of those LGAs can only leave home to work if they are an Authorised Worker.

SLED has sought and received advice that Security licensees are considered to be authorised workers, if they are employed or engaged to provide necessary security services for the activities described under Authorised Workers as published on https://www.nsw.gov.au/covid-19/rules/authorised-workers.

Residents of Greater Sydney including the Blue MountainsCentral CoastWollongong and Shellharbour who are not within the LGAs subjected to specific restrictions should continue to follow the measures as published on https://www.nsw.gov.au/covid-19/rules/greater-sydne

NSW Police SLED – Refresher First Aid training for Class 1 licensees a new Master licence condition – Implementation date extended

A new condition has been imposed by SLED on all Master licensees to ensure that all Class 1 security operatives (except Class 1E -Monitoring Centre Operators) have current first aid training while performing security duties.

Master licence holders will be responsible for ensuring that every Class 1 licensee they provide has a current First Aid certificate, and that they continue to keep this training current during their term of employment.

Due to the Greater Sydney lockdown. The implementation date for the new Master licence condition requiring them to ensure all Class 1 security operatives they provide (except 1E Monitoring Centre Operators), hold current first aid training has been extended.

The condition, which was set to be effective from 1 September 2021, has been moved to 1 December 2021.

It is important that Class 1 security operatives keep their First Aid training up to date to make sure they have the necessary skills to respond appropriately in emergency situations.

Master licence holders will need to record the details of each Class 1 licensee’s First Aid certificate and keep a copy of the certificate on file so it can be produced as required.

Note: This condition does not apply to Master licensees who only provide Class 2 licensees or Class 1E Monitoring Centre Operators.

For more information on First Aid training requirements, www.police.nsw.gov.au/SLED.

For a list of first aid training providers, www.training.gov.au.

Certificate II in Security Operations – Fee-Free Training for NSW Licence Applicants

Receive fee-free training with one of our approved training providers as well as accredited infection prevention and control training.

There is a current need for trained and licensed Security Officers in NSW. There are opportunities to play a vital role in the NSW Government’s response to COVID-19, by undertaking work in the Hotel Quarantine program. 

As the NSW economy begins to reopen, exciting work opportunities at live events, concerts and festivals will also become available.

If you are interested in completing a Certificate II in Security Operations and working in the security industry.

Download the Security Officer Flyer (PDF 377.9KB) for more information.

Please register your interest here.

New Online Application – NSW Security Operative Class 1 an 2 Licences

Applications for Class 1 and Class 2 security operative licences can now be lodged online and applicants are strongly encouraged to apply in this manner rather than posting SLED paper-based applications.

For details on application and eligibility requirements, and to apply online, go to https://www.service.nsw.gov.au/transaction/apply-security-operative-licence

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.

Read more on the extension