News & Security Advice

Queensland

Queensland Wage Theft Laws Passed

New laws to criminalise deliberate wage theft by an employer against an employee have recently been introduced in Queensland. The new laws also provide a simple, quick and low-cost process for wage recovery claims These changes respond to the findings and recommendations of a 2018 Queensland Parliamentary Committee inquiry into wage theft in Queensland and the inquiry report A fair day’s pay for a fair day’s work? Exposing the true cost of wage theft in Queensland.  The Committee found that wage theft is widespread, affecting around 437,000 (approximately one in five) Queensland workers each year and costing more than $1 billion every year in unpaid or underpaid wages.

https://www.oir.qld.gov.au/industrial-relations/wage-theft

Queensland Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020

On 15 July 2020, Hon Grace Grace MP, Minister for Education and Minister for Industrial Relations, introduced the Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020.

The House referred the Bill to the Education, Employment and Small Business Committee for detailed consideration.  The committee is required to report by Friday 28 August 2020.

Objective of the Bill

The explanatory notes state that the objectives of the Bill are to implement the underlying policy intent of the recommendations made in the committee’s report titled A fair day’s pay for a fair day’s work? Exposing the true cost of wage theft in Queensland, tabled on 16 November 2018. The two recommendations of the report that require legislative amendments are:

  • Recommendation 8 (Simple, quick and low-cost wage recovery process for workers), and
  • Recommendation 15 (Criminalisation of wage theft).

The objectives of the Bill are to be achieved by:

  • enabling the prosecution of wage theft as stealing under the Criminal Code;
  • increasing the maximum penalties in the Criminal Code for the offences of stealing and fraud relating to wage theft; and
  • facilitating the Industrial Magistrates Court’s jurisdiction for wage recovery matters, including the small claims wage recovery procedure for matters of not more than $20,000 under section 548 of the Fair Work Act 2009 (Cwth) (FW Act).

Call for submissions

The committee seeks submissions on the Bill from the public and interested stakeholders. The committee would appreciate you passing its call for submissions on to anyone you believe might be interested in the inquiry.

The closing date for submissions is 5:00pm on Thursday 30 July 2020.

An information sheet which provides guidelines on making a submission can be found at:  http://www.parliament.qld.gov.au/documents/committees/guidelines/Guide_MakingASubmission_WebVersion.pdf

Submissions should be emailed to eesbc@parliament.qld.gov.au  or mailed to:
Committee Secretary
Education, Employment and Small Business Committee
Parliament House
George Street
Brisbane  Qld  4000

Submissions must include:
• the author’s name
• if the submission is made on behalf of an organisation, the level of approval (e.g. a local branch, executive committee or national organisation); and
• at least two of the following –
• mailing address
• email address
• daytime telephone number.

Public briefing

The committee will hold public briefing to hear from the Department of Education (Office of Industrial Relations) on Monday 27 July 2020. The briefing will be broadcast live on Parliament TV.

Public hearing

The committee will hold a public hearing on Monday 10 August 2020. Details will be posted on the committee’s webpage.
The hearing will be broadcast live on Parliament TV.

Other information

The Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020 and Explanatory notes are available at these links and from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Minister’s statement of compatibility with human rights can be accessed here.

Queensland Office of State Revenue Compliance Campaign

From January 2020, the Queensland Office of State Revenue’s (OSR) compliance program is focusing on contractor payments and employment agent contracts. OSR is encouraging employers to review their payroll details now. You can contact the OSR to make a voluntary disclosure of a tax liability before an investigation, you might avoid penalty tax.

The following contains essential information about employment agent contracts, contractors payments and how to they are treated for payroll tax in Queensland. In the security industry these situations may arise more regularly than people are aware. With the relevant and up to date information SPAAL members will be better equipped to consider and identify if it is necessary to make a voluntary disclosure of a payroll tax shortfall.

Payroll tax where an employment agency contract exists

Where a business enters into an agreement with a client for the provision of workers to provide services in the client’s business, the arrangement may be classified as an employment agency contract for payroll tax purposes.

In these situations, the payments to the service provider are taxable wages and the employment agent is not entitled to claim a contractor exemption or a non-labour deduction.

Example

ABC Pty Ltd is engaged by XYZ Pty Ltd to supply workers with certain skills and experience to work in XYZ’s business.

XYZ gives ABC the worker’s timesheets and payment based on those timesheets. ABC pays a portion of that payment to the workers.

In their payroll tax returns, ABC must include as taxable wages the:

  • employee wages for its own staff (i.e. the wages for ABC’s administrative staff)
  • entire value paid to the workers supplied to XYZ.

Because an employment agency contract exists, ABC is not entitled to claim a contractor exemption or a non-labour deduction on the amount paid to each worker.

Find out more about employment agents and payroll tax and OSR investigations

Payroll tax on payments to contractors

Did you know that payments you make to contractors and subcontractors may be liable for payroll tax? Even contractors that you believe don’t meet the ATO’s employee test for tax and superannuation purposes.

Find out more about:

The Payroll Tax Australia website has two videos:

Making a voluntary disclosure early and accurately minimises Unpaid Tax Interest (UTI) on the shortfall, as well as any penalty tax that may apply.

Making a voluntary disclosure is as easy as emailing the details to payrolldisclosures@treasury.qld.gov.au.

Queensland Security Industry Workforce Plan – Employer Survey and Regional Industry Forums EOI

The SPAAL is a member of Jobs Queensland’s Security Industry Advisory Group. Jobs Queensland have requested  SPAAL to distribute the Employer Survey and Regional Industry Forums EOI to members for feedback.

The Employer Survey aims to let us understand the skills and workforce challenges of Queensland’s Security Industry and will assist us in identifying future opportunities to develop a workforce plan based on Industry priorities.

Link to the Employer Survey:
https://grantthorntonau.au1.qualtrics.com/jfe/form/SV_6RJIOwlxBPF0Gdn
Deadline: 6th March 2020

The Regional Forum EOI aims to gauge interest in Security Industry members attending forums in key regional areas, Cairns, Townsville, and the Gold Coast. It allows respondents to indicate their interest and preferred date for these forums and, if they are unable to attend on these potential dates, an opportunity for them to register their interest in contributing to the project through another avenue (e.g. the survey or an interview).

Link to the Regional Forum EOI:
https://grantthorntonau.au1.qualtrics.com/jfe/form/SV_0ij3glzLJXRE8Xb
Deadline: 5th February 2020

Queensland ID scanning changes following TAFV policy review

Earlier this year, an independent review of the Queensland Government’s Tackling Alcohol-Fuelled Violence Policy was released.

The review of the policy found ID scanners made Queensland’s entertainment precincts safer. It also found that further refinements could address unintended consequences being experienced by licensees, particularly on quieter weeknights.

Based on these findings and following extensive consultation with licensees and industry representatives, changes to operating hours and re-entry requirements for ID scanners have been introduced.

Under these new liquor laws, licensees who operate a mandatory ID scanner at their venue no longer have to:

  • scan patrons on Monday, Tuesday, Wednesday or Thursday nights provided they stop selling liquor by 1am
  • scan patrons when they re-enter their venue, provided the venue has a suitable re-entry pass system.

Regulated licensees are still required to scan patrons from 10pm on Friday, Saturday and Sunday and the day before a public holiday, if they are authorised to sell liquor after 12 midnight during that trading period.

Patrons must still be scanned from 10pm on Monday, Tuesday, Wednesday and Thursday nights if the licensee continues to sell liquor after 1am.

Licensees also have the option to implement a re-entry pass system. This means patrons do not need to be scanned more than once during the compulsory regulated ID scanning period (i.e. after 10pm) in the same trading period.

There is no obligation for licensees to implement these changes at their venue if they prefer the current system.

Further details about these changes can be found in the Holidays and Other Legislation Amendment Bill 2019 and on our website at www.business.qld.gov.au/liquor-gaming

Reminder - digital driver licences are acceptable ID

With interstate tourists flocking to Queensland for the holiday season, you should expect to see some of your patrons offering interstate digital driver licences as an acceptable form of ID. Digital driver licences are in addition to driver licence photo cards and there are no plans to phase out the cards.

Please check out the information on the Business Queensland website for more details on digital IDs.

Electronic security register guideline

The Commissioner for Liquor and Gaming has released a guideline for the use of an electronic security register (ESR).

In Queensland, it is common practice for licensees to combine a security register and incident register and maintain a single register that contains all the required information. These requirements may now be sufficiently met through the use of an ESR.

Find out more information on the new electronic security register guideline.

Queensland Office of Fair Trading – New Security Licensing Training Requirements

The Office of Fair Trading has released the new training requirements from the 21st January 2020.

If you have completed the training from current training package prior to 21 January 2020, The Office of Fair Trading will still accept this training for a period of 12 months from 21 January 2020 until 20 January 2021.

Security (Unarmed) - CPP20218 - Certificate II in Security Operations 

From 21 January 2020, your training must include all 14 core modules from the CPP20218 Certificate II in Security Operations.

Full Course List

Bodyguard - CPP31418 - Certificate III in Close Protection Operations

From 21 January 2020, your training must include all 8 core modules and 6 elective modules from the CPP31418 Certificate III in Close Protection Operations.

Full Course List

Cash-in-Transit - CPP20218 - Certificate II in Security Operations 

From 21 January 2020, your training must include all 14 modules from the CPP20218 Certificate II in Security Operations, plus 3 elective units from CPP31318 Certificate III in Security Operations

Full Course List

Crowd Controller - CPP20218 - Certificate II in Security Operations

From 21 January 2020, your training must include all 14 modules from the CPP20218 Certificate II in Security Operations.

Full Course List

Refresher (Revalidation) Training

Crowd Controllers will still need to complete ongoing training every three years. The Office of Fair Trading will not recognize any prior learning for these units.

The modules for ongoing training for crowd controllers are:

  • CPPSEC3101 Manage conflict and security risks through negotiation
  • CPPSEC3121 Control persons using empty hand techniques
  • HLTAID006 Provide advanced first aid.

NOTE: There will be a significant difference in a crowd controller first aid requirement, now set at “Advanced First Aid”

It’s also a requirement that during the currency of a first aid certificate you have completed a CPR component that is refreshed every 12 months. The CPR module is:
HLTAID001 Provide cardiopulmonary resuscitation.

Queensland Security Providers Industry Training Consultation

The Queensland Government is seeking written feedback and comment regarding the proposed units of competency for each of the security provider licence functions.

Submissions are open until Monday 30 September 2019 and can be emailed to:

Tamika Travers
Manager, Industry Licencing Unit​
industry.licensing@justice.qld.gov.au

Consultation

The Office of Fair Trading (OFT) has conducted a review of the training package and units of competency for each licence class under the Security Providers Act 1993.

Draft units of competency to be eligible to obtain a crowd controller, security officer (unarmed), security officer (patrol dog), security officer (cash in transit) and bodyguard licence have been proposed.

Ongoing training

Ongoing training will continue to be required for crowd controllers and bodyguards.  This ongoing training will be:

  • CPPSEC3101 Manage Conflict and security risks through negotiation
  • CPPSEC3121 Control persons using empty hand techniques and;
  • HLTAID003 Provide First Aid.

What has happened during the review process?

The Commonwealth Department of Education and Training commissioned the Skills Service Organisation Artibus Innovation (Artibus), to review the current security providers training package required to receive a licence in the industry.

Artibus consulted with industry stakeholders, including state and territory regulators, registered training organisations, security industry associations and security licensees to develop the proposed new training package.

The requirements of the review were to consider whether qualifications and units of competency meet industry needs, and to develop components that align with the licencing requirements across jurisdictions.

A draft Security Operations Training Package was produced by Artibus and the Australian Industry Skills Committee approved it on 20 December 2018.

Queensland Government’s Tackling Alcohol-Fuelled Violence (TAFV) Policy Report

The final report of the independent evaluation of the Queensland Government’s Tackling Alcohol-Fuelled Violence (TAFV) Policy and the government’s interim response to its recommendations were tabled on 26 July.

The two-year evaluation reported promising reductions in some key measures of alcohol-related harm across Queensland and listed a series of recommendations.

Key recommendations which have been accepted in principle, subject to further consultation include:

Mandatory ID scanning

  • Increasing the minimum duration of Queensland Police banning notices from 10 days to one month
  • Limiting the amount of time venue-based bans remain on the system in an effort to minimise impact of vexatious and/or excessive bans
  • Adding an offence to the Liquor Act 1992 to address vexatious licensee bans
  • Retaining mandatory ID scanners
  • Enabling banning lists to be shared with venues that are not on the ID scanner network
  • Exploring options for a stamp-in process where IDs have already been scanned, to avoid double scanning
  • Removing the requirement to scan IDs from Monday to Thursday for venues that close by 1am
  • Exempting community clubs from mandatory networked scanning, while remaining subject to other restrictions.

CCTV

  • Extending the CCTV operation requirement for venues in the Brisbane City Council area to a statewide requirement for venues trading after midnight.

Safe Night Precincts (SNPs)

  • Continuing to support SNP board administration
  • Removing Inner Brisbane (Caxton Street) and Ipswich as part of a review of SNPs
  • Conducting regular reviews of SNP boundaries
  • Maintaining support services for SNPs.

Responsible Service of Alcohol

  • Introducing a penalty for not complying with Risk Assessed Management Plans.

Licensing

  • Publishing reasons and documents for licensing decisions (subject to privacy and resourcing).

You can read the report and the government's interim response in full at the Queensland Government Publications page.

SPAAL Queensland Members Breakfast Meeting – 12 September 2019

Register 

 

Guest Speakers - Fair Work Ombudsman, Labour Hire Licensing and Office of Fair Trading

Queensland Office of Fair Trading – Goods and Services Warranty Changes

Members that offer warranties against defects on services, or when supplying goods combined with services, will need to comply with new requirements coming into effect on 9 June 2019.

A warranty against defects is a representation to a customer that if goods or services provided (or part of them) are defective, you will provide a remedy. A representation only counts as a warranty against defects if it’s made at the time the goods or services are provided.

When supplying services

Members that offer a warranty against defects when supplying services, they will need to display the following mandatory text:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: 

  • to cancel your service contract with us; and 
  • to a refund for the unused portion, or to compensation for its reduced value. 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

When supplying goods combined with services

Members that offer a warranty against defects when supplying goods combined with services, they will need to display the following mandatory text:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: 

  • to cancel your service contract with us; and 
  • to a refund for the unused portion, or to compensation for its reduced value. 

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

There will be no change to the current mandatory text that traders use for warranties against defects when supplying goods alone.

More information 

You can find out more about warranties against defects on the OFT website