News & Security Advice

New South Wales

NSW Security Licence and Mutual Recognition

12 November 2010 - The Administrative Appeals Tribunal (AAT) has ruled on two mutual recognition applications refused by the Security Licensing and Enforcement Directorate (SLED).

The SLED argued that the applicants were not eligible to apply under the provisions of Section 19 of the Mutual Recognition Act, because each had a previous NSW licence that had been revoked "as a result of disciplinary action". In both cases, the individuals' NSW licences were revoked because they failed to comply with the requirement to complete a required training upgrade.

The AAT affirmed the Commissioner's  decision, effectively ruling that a revocation on these grounds does constitute "disciplinary action". This means that applicants who were revoked for not providing upgraded training certificates, and who then obtain an interstate licence, are not eligible for a licence in NSW under mutual recognition principles.

To read the decisions in full, visit the AAT's website

Also, individuals who have obtained a NSW licence under mutual recognition principles should be aware that each time they reapply for that licence they must still hold a current equivalent interstate licence. If the interstate licence has expired, the individual will not be eligible to reapply under mutual recognition and will need to meet NSW licensing requirements (including completing training and assessment with a SLED approved Registered Training Organisation).