|The Long Service Leave Act 2018 (Vic) will commence on 1 November 2018.
The accrual rate of 1/60th of the period of continuous employment will not change under the new Act.
We recommend members undertake the following steps to ensure compliance:
From 13 September 2018, there will be tighter restrictions on how alcohol can be supplied to minors.
These restrictions will mean that:
- the serving of alcohol to a minor on a licensed premises is not permitted under any circumstance
- the supply of alcohol to a minor by an adult in a private residence will be subject to further restrictions around responsible supervision
- alcohol must not be delivered to a minor.
Changes to the supply of liquor to minors are part of the Liquor and Gambling Legislation Amendment Act 2018 (LGLA Act) which was passed by the Victorian Parliament earlier this year. The LGLA Act amends several provisions of the Liquor Control Reform Act 1998.
For further details on these changes, please see Changes to the Liquor Control Reform Act page.
Firearms are regulated in Victoria by the Firearms Act 1996. The Firearms Regulations 2008, which are made under the Act, will expire on 8 April 2018. The regulations deal with some aspects of the use of and trade in firearms. They also set fees for licences, permits and approvals relating to firearms.
The Department of Justice and Regulation, working with Victoria Police, is in the process of reviewing the regulations and has developed proposed new regulations to replace them when they expire. A Regulatory Impact Statement (RIS) has been developed to:
- explain the proposed new regulations
- outline other potential options for amending the regulations.
The review has, so far, included consultation with a number of firearms community stakeholders and individual dealers. The department is now seeking comments from members of the public on the proposed regulations.
The feedback received through this public consultation will be taken into account when a decision is made about the final regulations, which will happen in 2018.
Written submissions should be provided to the Department by no later than 5.00pm AEST, 25 January 2018. Submissions can be uploaded through the Engage Victoria website at www.engage.vic.gov.au/firearmsregulations or sent to:
Firearms Regulation Review
Police Policy and Governance
Department of Justice and Regulation
GPO Box 4356
MELBOURNE VIC 3001
or by email to: firstname.lastname@example.org
All comments and submissions received by the due date will be considered before the proposed regulations are made.
Victoria’s first ever Cyber Security Strategy to ensure government services and information are kept safe from cyber threats.
The Special Minister of State Gavin Jennings joined cyber experts and IT industry representatives to launch Victoria’s Cyber Security Strategy – the first state in Australia to do so.
Government networks across the world are regularly targeted by cyber-attacks, with an increasing shift from unsophisticated lone cyber hackers towards organised criminals, political ‘hacktivists’ and even foreign governments using cyber space to infiltrate, steal from and disrupt government services.
The scale of incidents and attempted disruption is unprecedented, with the methods used to attack digital services increasing in complexity and sophistication.
The Cyber Security Strategy shifts from an agency by agency approach, to a whole of government approach, as we seek to sustain strong and resilient cyber security defences that protect the delivery of public services in Victoria. Read more
Police will be able to capture potentially crucial video evidence on body-worn cameras without fear of breaking the law themselves under new legislation due in Victoria's parliament.
The use of body-worn camera footage could currently constitute a surveillance offence if police were to "inadvertently record a private conversation", the government said.
Legislation to be introduced on Tuesday will ensure police are not in breach of the current Surveillance Devices Act, Attorney General Martin Pakula said.
"There will be further legislation later in the year which goes to family violence in terms of being able to give direct evidence via body-worn cameras, but that is still under development," Mr Pakula told reporters in Melbourne on Tuesday.
"The Royal Commission into Family Violence recommended that there be a trial of body-worn cameras by police ... this legislation is the first step in making that a reality."
The cameras will not only provide potential evidence but will also hold police to account, the government added.
Further legislation is expected to allow the footage to be tendered in court as evidence.
The final design of the cameras and the scope of their use is still yet to be fully decided but a trial is expected to begin in early 2018.
- New Private Security Licence and Registration Applications Move Online
- Changes to Firearm Requalification Timelines
- Units of Competency Updated
- Fee Schedule Update on 1 July
- Auditing Licence Endorsements and Sighting Licence Cards
- RTO Course Return Submission
- National Firearms Amnesty
- RTO Approved to Deliver Guard with a Dog Training
The national vocational education and training (VET) regulator has announced its intention to cancel 756 security qualifications issued by former Victorian training provider, Austwide Institute of Training Pty Ltd (Austwide).
The Australian Skills Quality Authority (ASQA) investigated Austwide and found it to be critically non-compliant with the requirements of the VET Quality Framework.
As a result of this finding, ASQA cancelled the training provider’s registration. Austwide sought a review of the decision in the Administrative Appeals Tribunal (AAT) however ASQA’s decision was affirmed and took effect on 26 May.
ASQA has examined training and assessment documents obtained from Austwide and found evidence that the organisation did not provide the training and assessment necessary to ensure students had the skills and knowledge required to be awarded a Certificate II in Security Operations.
As a result, ASQA has decided to cancel any Certificate II in Security Operations qualifications issued by Austwide – which also traded as Automotive Management Institute - between 28 April and 26 May this year because it believes the holders of this qualifications have not been properly assessed.
The strong regulatory action being taken by ASQA in this matter is based on reliable evidence that Austwide did not provide legitimate training and assessment of these individuals and was, in fact, operating a system intent on issuing qualifications without providing training or assessment.
This behaviour is not the typical ‘non-compliance’ detected by ASQA during its regulatory work, where training organisations are actually providing training and assessment but are not fully meeting their regulatory obligations.
The actions of Austwide damages the standing of Australia’s vocational education and training system and warrants this strong response by the regulator.
ASQA is endeavouring to contact – by post, SMS and social media - the individuals involved. It is important that anyone who received a Certificate II in Security Operations qualification through Austwide between 28 April and 26 May this year read and understand the information sent to them.
The cancellation of the qualifications is not automatic – individuals have the opportunity to submit evidence and information to ASQA as to why their qualifications should not be cancelled.
However, should ASQA proceed to cancel the qualifications, individuals who still want to obtain a license to work in the security industry will have to regain their qualification through another training provider.
Any students who received a Certificate II in Security Operations qualification from Austwide between April and May this year and has not received a notice – or would like more information - should contact the ASQA Info Line on 1300 701 801 or email email@example.com.
The State Parliament's Economic, Education, Jobs and Skills Committee found that further research is needed before the introduction of portable LSL schemes.
The experience of interstate schemes and the desire to address the inequity experienced by workers who miss out on long service leave has led the Committee to recommend that the Victorian Government undertake feasibility studies into the introduction of portable long service leave schemes for the contract cleaning and security industries. Such work will provide a clearer understanding of the potential costs and benefits of expanding portability to these industries and assist the Government to determine whether to proceed with statutory schemes.
Under section 11 of the Subordinate Legislation Act 1994, comments and submissions are invited from the public on a Regulatory Impact Statement (RIS) regarding the proposed Private Security Regulations 2016. A copy of the RIS and an exposure draft of the proposed Regulations is attached.
The proposed Regulations will support the operation of the Private Security Act 2004 (the Act) and replace the current Private Security Regulations 2005, which are due to expire in 2016.
The proposed Regulations prescribe matters required for the practical operation of the Act, including classes of person to whom the Act does not apply, requirements for the keeping of records and registers under the Act, fees relating to licences, registrations and permits under the Act, and infringement penalties for certain offences under the Act.
The RIS examines the costs and benefits of the proposed Regulations and assesses alternatives. The RIS concludes that the proposed Regulations are the best means of ensuring that the Act continues to function effectively to maintain and improve the integrity and competency of the private security industry.
The RIS and proposed Regulations have been advertised for public comment in the Government Gazette and will be advertised in the Herald-Sun newspaper on Saturday 23 April 2016. Copies are available from http://myviews.justice.vic.gov.au/private-security-regulations-2016.
Your feedback is welcomed and must be in writing addressed to the Regulations Officer, Police Policy and Governance, Police and Corrections Division, Department of Justice and Regulation, GPO Box 4356, Melbourne, Victoria 3001 or by email to firstname.lastname@example.org.
Comments and submissions must be received by the end of Saturday, 21 May, 2016. Please note that all comments and submissions will be treated as public documents.
A Victorian security company has been put on notice after it short-changed a Ballarat employee almost $30,000 over four years.
While the company has back-paid the worker in full, it has received a Letter of Caution from the Fair Work Ombudsman.
The employee was underpaid his normal hourly rate, casual loadings, shift allowances, weekend and public holiday penalty rates and overtime rates between 2009 and 2013.
The Fair Work Ombudsman found that the security guard was paid an average of $21.84 an hour for overtime work when he should have received $33 an hour.
Further, he was paid less than $20 an hour for public holiday work despite being entitled to rates of up to $37.73 – and on Saturdays, he was paid $23.14 instead of the minimum $29.97.
The employee lodged a request for assistance with the Fair Work Ombudsman after becoming aware he was being paid below lawful minimum rates.
Fair Work Ombudsman Natalie James says the Melbourne-based security company co-operated with inspectors and avoided enforcement action.
“When we find employers who have made mistakes, our preference is always to educate them about their obligations and work with the business to resolve the issues outside of the Courts,” she said.
Ms James says it is vitally important employers ensure they are aware of the minimum wage rates applicable to their workplace, including penalty rates.
“A small mistake left over time can easily result in a hefty bill for back-payment of wages – so it is important employers get it right in the first place,” she said.
SPAAL offers Corporate members free telephone advice on workplace relations matters. Workplace Relations