News & Security Advice

Queensland

Liquor Act Changes

New laws have been introduced targeting the illegal activities of criminal gangs in Queensland. The reforms introduce new offences, increased penalties, enhanced powers for Police and the Crime and Misconduct Commission, and stricter bail laws.

These changes have been made to the Liquor Act 1992 to prohibit people from entering or remaining on premises,subject to a licence or permit under the Liquor Act, if they are wearing or carrying certain prohibited items (outlined below) which are associated with a declared criminal organisation. It also places obligations on licensees/permittees, approved managers, employees and agents of licensees/permittees that they not knowingly allow anyone wearing or carrying the prohibited items to enter or remain on the premises.

To knowingly allow a person wearing or carrying these prohibited items to enter or remain on a premise,attracts a maximum fine of $11,000 for the Licensee, Approved Manager, Employee or Agent (Security).

If a Licensee, Approved Manager, Employee, Agent (Security) or Police officer requires a person who is wearing or carrying a prohibited item to leave a premises and they fail to do so immediately, they commit an offence with the first offence penalty being the maximum of $41,250 fine.

If the prohibited person resists in such removal, they commit a further offence an offence with the first offence penalty being a further maximum of $41,250 fine.

Crowd controllers who identify prohibited persons located on any licensed venue should immediately inform the Licensee and contact Police. Crowd controllers should receive appropriate training and instruction on the new legislative requirements and ensure they are provided with sufficient equipment to comprehensively document the incident. More


QLD Security Licence Show Cause Proceedings – CCTV Evidence

SPAAL has sought clarification from the Office of Fair Trading (OFT) on the process for show cause notices issued to licence holders for alleged infringements from incidents recorded on CCTV.

Following discussions with SPAAL's QLD Director Garry Oliver, the OFT advised that they would review the information in the show cause notice to ensure licence holders were clearly aware of the process to view CCTV footage.

The OFT have provided the attached show cause process flowchart for members information.

OFT Security Licence Show Cause Process - CCTV Evidence

Queensland – Sham Security Training Practices

The ABC 7.30 Report has highlighted sham security training practices in Queensland where qualifications are purchased without training. The qualifications are then used to apply for a licence in another State/Territory under the federal Mutual Recognition Act.

View 7.30 Report Story

QLD security licensing requirements – Interstate Alarm Monitoring Centres

SPAAL recently sort clarification from the Office of Fair Trading on licensing requirements for interstate alarm monitoring centres who monitor alarms at premises located in Queensland. The Office of Fair Trading's response to all approved associations is attached for member's information.

QLD OFT Licensing Requirements - Interstate Alarm Monitoring Centres

QLD Crowd Controller Guideline

The Office of Fair Trading has developed a draft Crowd Controller Guideline. The purpose of the Guideline is to assist in determining whether a particular classification of an activity, role or job description of a person licensed under the Security Providers Act comes within the meaning of "crowd controller"

The Office of Fair Trading is seeking industry feedback through the approved security industry associations by 4 October, 2012. If you wish to provide comment, please email SPAAL at mark@spaal.asn.au by 1 October, 2012

Draft Queensland Crowd Controller Guideline

QLD Office of Fair Trading & OLGR Compliance Inspections

From 1 July 2012, OFT and the Office of Liquor and Gaming Regulation (OLGR) will be administering a six month Brisbane-based trial which will enable OLGR inspectors to monitor and report on certain aspects of the SPA. This trial will increase the regulatory presence and further protect Queensland consumers from harm caused by unsuitable security providers.

OLGR inspectors will identify offences while visiting licensed premises by completing a Spot Check Form and will have all of the powers of an inspector under the Act to inspect licenses and documents. Where evidence of breaches are found, OLGR will provide a report and available evidence to OFT who will consider relevant enforcement history and take appropriate action. (more)

Queensland Bodyguards and Crowd Controllers – Revalidation Training

Queensland bodyguards and crowd controllers need to complete units of competency every three years as part of licensing requirements. This refresher training – known as revalidation training – makes sure licensees remain up-to-date with the latest industry standards and techniques.

Bodyguards and crowd controllers are required to provide the Office of Fair Trading (OFT) evidence they have completed these units of competency by the required dates. Many of these security providers only provide their Certificate of Completion from their training organisation. However, this certificate does not detail whether the units of competency were completed via recognition of prior learning or not.

The units of competency required to be completed every three years are:

CPPSEC3002A – Manage conflict through negotiation

CPPSEC3013A – Control persons using empty hand techniques

HLTFA301B – Apply first aid

These units are specifically prescribed as revalidation training and OFT will not accept these units of competency completed via recognition of prior learning.

To ensure bodyguards and crowd controllers have been retrained in the required revalidation units, OFT also requires a copy of the Record of Results. The Record of Results details whether a security provider has completed the units of competency required in the three year period, and not via recognition of prior learning.

For more information, visit www.fairtrading.qld.gov.au/security or call the Office of Fair Trading on 13 QGOV (13 74 68).

 

Queensland – On the Spot Fines for Security Providers

Changes to legislation

Amendments to the State Penalties Enforcement Regulation 2000, which came into effect on 1 July 2011 impact on compliance activities in the security provider, second hand dealer and pawnbroker industries.

The amendments give officers of the Queensland Police Service (QPS) the authority to issue on-the-spot fines for breaches of legislation in these industries.

What does this mean for me?

Currently, police give OFT written advice on suspected breaches of the legislation and these cases are then managed by the OFT investigation team. Once trained, QPS officers will be authorised to issue on-the-spot fines for security providers, second-hand dealers and pawnbrokers who operate outside the law.

These changes to the law will result in a wider and more efficient reach of enforcement activities by allowing police officers to issue on-the-spot infringement notices for offences detected during their normal activities.

This increased compliance is good for the security provider, second-hand dealer and pawnbroker industries. It will improve consumer confidence in these industries. Licensed individuals and businesses will also benefit as greater compliance monitoring will improve trading conditions by keeping dishonest traders out.

OFT continues to be responsible for administration of all infringement notices – whether issued by a QPS officer or Fair Trading Investigator. QPS will be responsible for the prosecution of any contested matters arising from infringement notices issued by police.

When does it start?

QPS officers in the Gold Coast and selected Brisbane areas already trained to issue infringement notices started an active compliance operation during this year’s Schoolies event. This helped to protect the general public and particularly young people who converge on the Gold Coast at this time.

Further roll out of this important initiative across regional areas in Queensland will occur in the New Year.

More information on these changes can be found on the Office of Fair Trading website.

 

 

Queensland Government CCTV Review

Queensland's acting privacy commissioner Lemm Ex said the review will include an online survey of almost 200 Queensland government agencies, to establish why they are using CCTV and if they are complying with the information privacy act.

"There are a number of obligations in relation to the collection, use, access, storage and security of footage to protect the personal information of the community," he said in a statement.

"This review will assess whether government agencies are complying with their privacy obligations when using camera surveillance.

"The community has legitimate expectation to be confident their personal information is collected, stored and used responsibly by government."

Queensland Mandatory Fingerprinting for Security Providers

From 1 July, 2011 all new licence applicants will be required to be fingerprinted by Police and from 3 October, 2011 all existing security providers will be required to be fingerprinted when renewing their licence. Read more