EXTRACTED FACTS relating to the proposed legislation (1)
• In February 2006 the Qld Govt. Dept of Tourism, Fair Trading & Wine Industry Development provided a Draft
copy of the Public Benefit Test Report on the revision of the Security Providers Act 1993. A copy of this report is available at www.fairtrading.qld.gov.au .
• The majority of responses collected by the Govt indicate that the current application of the Act is not fully
achieving it’s objective of providing a safe and reputable security industry in Qld.
• Although the suggested Legislative amendments are likely to restrict competition they are consistent with the policy objectives of reforming the private security industry licensing so that public safety and security of property are promoted and harmonise the Act’s requirements with interstate jurisdictions.
• Item 2.3.3 – Proposed extension to the licensing categories:
– This proposal would clarify the existing licence categories and increase the type of occupations in the industry requiring a licence. It may include the following:-
• Providing close personal protection, or acting in a similar capacity.
• Crowd controlling or venue controlling, or acting in a similar capacity.
• Patrolling, protecting, watching or guarding any property by physical means (including handling dogs to perform this activity).
• Installing, maintaining, repairing or servicing security equipment.
• Selling any security equipment (other than basic household or automotive security items).
• Selling security products, methods or principles.
• Identifying and analysing security risks, and providing solutions, management strategies or both to minimise security risks.
EXTRACTED FACTS relating to the proposed legislation (2)
? Employing or providing persons, or arranging by contract, franchise or other arrangement for the purpose of that other person employing or providing persons, to carry on any security activity.
? Acting as an agent for the supply of any security activity.
? Brokering any security activity in return for commission or financial benefit, OR
? Any of the above activities but performed electronically.
Suggested mandatory membership of approved industry organisations:-
? This option, although part of proposed legislative amendments to the Act, could be considered a coregulatory option.
? The recent review of the NSW Act concluded that the legislative requirement for approved security organisations in the NSW Act contributes to regulation of the industry and greatly assists in ensuring effective compliance. The review also noted that partnership with these organisations (sic) encourages a form of co-regulation with the Act and the various organisational codes of practice. Approved security organisations must be representative of their relevant industry sector in order for this co-regulatory approach to be effective.
? The basis of requiring a potential licensee to become a member of an approved industry organisation is to ensure that all industry participants are captured by the compliance activities of those approved industry organisations. This includes professional development and compliance with individual organisation codes of practice / conduct and with the Act itself.
These compliance activities by the approved industry organisations are integral to the “coregulatory” approach with this proposal.
? This proposal would require security firm license applicants to be members of an
approved security organisation (ASO) before applying for a license. ASO’s would be
assessed by the Chief Executive in determining whether to approve them for this purpose.
EXTRACTED FACTS relating to the proposed legislation (3)
• Industry Responses to the Consultation Paper on the Review of the Security Providers Act 1993
– Should the license categories in the Act remain unchanged?
• 88% of respondents disagreed that the licensing categories should remain the same.
– Should the Act remain unchanged with no provision for a restricted trainee’s license?
• 80% of respondents disagreed that the Act should remain the same with no provision for a restricted trainee’s license.
– Should a trainee’s license be a pre-requisite to entry to an approved training course?
• 60% of respondents agreed that a trainee’s license be a pre-requisite to entry to an approved training course.
– Is the training required under the Act sufficient to obtain a license?
• 74% of respondents did not agree that the training required to obtain a licence under the Act is
sufficient.
– Should training reflect the competencies required for each different duty a security provider may perform?
• 97% of respondents agreed that training should reflect the competencies required for each different duty a security provider may perform.
– Should an applicant for a license be an “appropriate” person before beginning an approved training course?
• 95% of respondents agreed that an applicant for a license be an “appropriate” person before beginning an approved training course.
– Should security providers be required to undergo ongoing education or continued professional development?
• 81% of respondents agreed that security providers should be required to undergo ongoing education or continued professional development.
– Should the Act remain unchanged with no requirement that a security provider working in licensed premises be trained in the responsible service of alcohol?
• 84% of respondents disagreed that the Act remain unchanged with no requirement that a security provider working in licensed premises be trained in the responsible service of alcohol.
EXTRACTED FACTS relating to the proposed legislation (4)
– Should security providers involved with, employed or engaged in licensed premises be required to undertake mandatory training for the responsible service of alcohol?
• 85% of respondents agreed that security providers involved with, employed or engaged in licensed premises be required to undertake mandatory training for the responsible service of alcohol.
– Should people investigating human resource grievances as part of government employment be made exempt from the Act?
• 65% of respondents agreed that people investigating human resource grievances as part of government employment be made exempt from the Act.
– Should the “appropriateness” criteria to determine whether an applicant / licensee is appropriate to hold a license remain unchanged?
• 71% of respondents disagreed that the “appropriateness” criteria to determine whether an applicant /
licensee is appropriate to hold a license remain unchanged.
– Should the Act remain unchanged with no requirement to hold public liability insurance?
• 81% of respondents disagreed that the Act remain unchanged with no requirement to hold public liability insurance
– Currently, security firms are not subject to mandatory membership of a security organisation. Should this remain unchanged?
• 77% of respondents did not agree that security firms should notbe subject to mandatory membership of a security organisation.
– Should security firms be subject to mandatory membership of an approved security organisation?
• 71% of respondents agreed that security firms should be subject to mandatory membership of a security organisation.