News & Security Advice

New South Wales

Applications for Security Licences – Evidence of Attainment of Competencies.

Applicants for security licences are now able to lodge their application prior to completing any required training and assessment.  Applicants can now choose to provide the evidence that they  have attained any required competencies either with their application, or within 42 days after lodging their application.

The intent of this change is to reduce the time between a person deciding to enter the industry and them actually being granted a licence to do so, as it allows the SLED to conduct the fingerprinting process and other probity checks in parallel with the applicant completing any required training and assessment.

NSW Security Industry Amendment (Apprentices and Trainees Exemption) Regulation 2014

On 21 February 2014, the Security Industry Amendment (Apprentices and Trainees Exemption) Regulation 2014 became effective limiting  the requirement that an apprentice or a trainee be directly supervised in order to be exempt from the operation of the Security Industry Act 1997 to  first-year apprentices or trainees only.

For more information, refer to Schedule 1 of the Security Industry Regulation 2007 or the Security Industry Amendment (Apprentices and Trainees Exemption) Regulation 2014.

NSW Reforms for Liquor Industry Regulation

On 30 January 2014, the NSW Parliament passed the Liquor Amendment Act 2014 which implements a package of new reforms to tackle alcohol-related violence. 2014 reforms for liquor regulation in NSW - 30 Jan 2014

Fair Work Ombudsman court action over alleged underpayment of Sydney security guards

The Fair Work Ombudsman has launched legal action against the operators of a Sydney security business, alleging 42 security guards were underpaid a total of more than $35,000. [more]

Please contact SPAAL for assistance with employee payments under Security Industry Awards.

Removal of Competency Requirements for Monitoring Centre Operator Licence

Competency requirements for New South Wales Class 1E (Monitoring Centre Operator) licences have been removed.

The Standing Council on Police and Emergency Management (SCPEM), at its meeting held on 7-8 November 2013, resolved that the previously agreed national minimum competency requirements for monitoring centre operators be abandoned.

Applicants for Class 1E licences will still need to satisfy all other general suitability criteria, as well as criminal and other related history criteria.

ICAC Operation Tilga related licence revocations

The SLED has completed action to revoke all security licences held by, or associated with, individuals who were found by the Independent Commission Against Corruption (ICAC) to have acted corruptly, following ICAC's investigation of processes relating to the supply of security services to several NSW public authorities (Operation Tilga).  Two corporations avoided revocation of their Master licences by taking action to remove relevant individuals from close associate roles.

 

ICAC Report NSW public sector – allegations concerning security companies and public authorities (Operation Tilga)

The ICAC investigated allegations concerning the process relating to the supply of security services to several NSW public authorities.

In its report on the investigation,the Commission makes corrupt conduct findings against Daniel Paul, Peter (Charles) Diekman, Peter Roche, Paul Thompson, Robert Huskic, David McMicking and Jonathan Nguyen. The Commission is of the opinion that the advice of the director of public prosecution should be sought with respect to the prosecution of Mr Paul, Mr Diekman and Mr Huskic for specified offences. The Commission has made 11 corruption prevention recommendations to help NSW government agencies address weaknesses in the procurement and management of security services.

Full Report

Conditional Security Licences

If you have a "Conditional Class 1 licence" if you hold a Class 1 licence that was:

  • converted from a provisional licence on 1 November 2012 (with the abolition of the Provisional Licensing Scheme) or
  • issued for the first time from 1 November 2012 without you having met all relevant Class 1 competency requirements

These licences are "conditional" as they each have a condition placed on them under section 23E of the Security Industry Act 1997  that requires the holder to undertake further training and assessment. To satisfy the condition and have it removed from your licence, you must attain all the units of competency required for your licence by the specified deadline.

For converted provisional licences, this deadline is 1 December 2013.

If you have a "Conditional Class 1 licence", you should have received a letter from SLED that explained how to attain the required units of competency and how to notify us that you have done so.

You must attain the required units of competency with a training organisation approved by the Commissioner of Police.  These are known as "Approved Organisations" and you can view a list of Approved Organisations by clicking here.

You notify SLED by completing a "Notification of Attainment of Units of Competency" form - which was included with the letter.  If you have misplaced the form, you can download a copy by clicking here.

If you hold a converted licence, you must submit the completed form to us by 14 December 2013.  Failure to do so may result in your licence being revoked.

For assistance call SLED on 1300 362 001.

NSW Security Industry Amendment (Licences) Bill 2013 – Visas

The main purpose of the Security Industry Amendment (Licences) Bill 2013 is to address inconsistencies with
Australia's commitments under the General Agreement on Trade in Services (GATS). The bill will also make other
minor amendments to the regulation of the security industry.

Under existing Free Trade Agreements (FTA), Australia is committed to accord to the service suppliers of its FTA
partners treatment no less favourable than it accords Australian service suppliers.

Currently under section 15 of the Security Industry Act 1997 only Australian citizens and permanent residents can
obtain a security industry licence in NSW. This may restrict the ability of foreign suppliers (individuals or companies) to engage in security-related activities in New South Wales.

This is inconsistent with Australia's GATS commitments and the most watertight way to address this inconsistency is
via legislative amendment to residency and citizenship requirements.

Namely, the bill proposes to allow holders of a valid temporary visa that permits employment in Australia (other than a
student visa or a working holiday visa) to apply for a New South Wales security industry licence.

These applicants will be in addition to Australian citizens and permanent residents who can already apply.

The Bill was passed by Parliament 11 September and assented on 18 September,2013.

Security Industry Amendment (Licences) Bill 2013

Police Minister's Speech

NSW Security Industry Amendment (Exempt Persons) Regulation 2013 – RSA Marshals

Exemption for "Responsible Service of Alcohol Marshals (RSA)" effective from 23 August 2013

An amendment has been made to Schedule 1 of the Security Industry Regulation 2007 to exempt legitimate RSA Marshals, who otherwise would be captured by the 'Crowd Controller' definition in Section 4 of the Security Industry Act 1997. The exemption does not apply if an RSA Marshal's duties cross the line into those properly undertaken by appropriately licensed crowd controllers, or by liquor licensees and their employees who are covered by a separate exemption - no. 8 of Schedule 1.

The amendment exempts persons who are employed or engaged for the purpose of carrying out RSA supervisory duties (within the meaning of Clause 53G (5) of the Liquor Regulation 2008) on licensed premises, but only to the extent to which the person carries out those duties and does not physically restrain or eject persons from, or prevent their entry to, such premises.

Section 53G (5) of the Liquor Regulation 2008 defines RSA supervisory duties as:

(a) monitoring responsible service of alcohol practices by staff members who are selling, supplying or serving liquor,

(b) engaging with those staff, and patrons on the premises, for the purpose of encouraging responsible attitudes and practices in relation to the promotion, sale, supply, service and consumption of liquor,

(c) monitoring alcohol consumption by patrons and their behaviour for signs of irresponsible, rapid or excessive consumption of alcohol and for signs of intoxication,

(d) intervening at an early stage to assist in the prevention of intoxication and anti-social behaviour (such intervention may include suggesting that patrons moderate their alcohol consumption by consuming food or non-alcoholic beverages),

(e) assisting in the resolution of disputes arising on the premises between patrons.

It is now clear that RSA Marshals are not to physically restrain or eject persons from premises, or prevent their entry to such premises.  If they do so, they cease to be exempt from the requirement to hold a Class 1C security licence.