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Under the Security Industry Act 2003 , a person commits an offence if the person carries on a security activity and does not hold a licence authorising the person to carry on the activity.
Some of the licence classes are outlined below:
Master licence
A master licence is a licence that authorises the licensee to employ or provide people to carry on a security activity. This licence does not authorise the holder to also carry out security activities.
Employee licence
An employee licence authorises the licensee to do one or more of the following when the relevant sub-class (listed below with class identifier in brackets) is endorsed:
patrol, guard, watch or protect property (including cash in transit) (1A);
act as a bodyguard (1B);
act as a crowd controller (1C);
guard with a dog (1D);
act as a monitoring centre operator (1E);
guard with a firearm for cash in transit (1FC);
guard with a firearm for protecting property (1FP);
act as a security consultant (2A);
sell security equipment (2B);
carry out surveys and inspections of security equipment (2C);
give advice about security equipment (2D); or,
install, maintain, monitor, repair or service security equipment (2E).
A licence to guard with a firearm does not authorise the licensee to use a firearm as the use of firearms is dealt with in the Firearms Act 1996. A person must hold an appropriate ACT firearms licence to be eligible to be granted a licence to guard with a firearm.
Trainer licence
A trainer licence is a licence that authorises the licensee to provide training in relation to security activities. A trainer licence may relate to particular security activities, or security activities generally.
Most recent reforms for the security industry introduced in the Security Industry Amendment Act 2011 Security Industry Amendment Act 2011 (the Security Act) introduces in the A.C.T. the next stage of nationally agreed private security industry reforms. The Security Act contains a number of reforms that amend the Security Industry Act 2003 , the Security Industry Regulation 2003 and the Spent Convictions Act 2000 .
The date for the commencement of the security industry reforms was 27 September 2012 . The following significant changes with respect to licensing of the security industry have now come into effect:
Mandatory Fingerprinting
Applicants are required to provide a police certificate that is verified by the applicant’s fingerprints. This requirement only applies if the applicant has not previously given the Commissioner for Fair Trading a fingerprint-verified police certificate.
Mandatory Disqualifying Offences
The Security Act prevents persons who have committed certain offences from obtaining a security licence. The exclusionary provisions apply if you have been convicted in the last 10 years, or found guilty in the last 5 years of an offence:
involving assault, violence against another person, dishonesty or theft;
relating to the possession, storage or use of a firearm or other weapon;
other than for possession, involving a controlled drug, controlled plant or controlled precursor within the meaning of the Criminal Code 2002 ;
involving robbery;
against the Criminal Code Act 1995 (C’wlth) schedule, Part 5.3 (Terrorism); or,
committed outside of the ACT involving terrorism that is an offence against a law of that place.
If a conviction was recorded for the first three offences listed, the penalty must have been imprisonment, a fine of $500 or more, or for mandatory disqualification to apply. A finding of guilt means that a Court found you guilty of a charge but did not record a conviction against you (for example – you may have been released on a bond or similar, without conviction).
The exclusionary provisions may apply to existing licensees at the time of renewal.
A fact sheet titled Disqualifications under the Security Act 2003 is now available. This fact sheet provides further information and a flow chart about disqualifications.
Criminal Intelligence
When you apply for a security licence, you may have criminal intelligence relating to you divulged to the Office of Regulatory Services (ORS) if the information is relevant to issuing a licence, or for another lawful purpose. Criminal intelligence may also be divulged in relation to a decision about whether the ORS should apply to the ACAT for an occupational discipline order in relation to a licensee.
Applicants who have lived in a foreign country for one or more years in the previous 5 years prior to the date of the application, may be required to provide the ORS with a certified copy of the applicant’s criminal history record from that country.
Term of Licence
Licences may now be issued for up to 3 years.
First Aid Certificates
Security employee applications and renewals for licenses containing the classes 1A, 1B, 1C, 1D, 1E, 1FC or 1FP are required to provide a current first aid certificate. First aid certificates are valid for 3 years and must be renewed every three years in order to maintain a security licence in the above classes.
Help with Changes
A detailed practice manual including the reforms is available under publications.
Under the Liquor Act 2010 list of RTOs that are approved to conduct RSA training in the ACT.
On 14 June 2011 a range of reforms to the Security Industry Act 2003 commenced. The reforms created new sub-classes of licence and new qualification requirements for the new sub-classes. The sub-classes (outlined above under employee licence) now include working with firearms and dogs, and working as a monitoring centre operator.
All licences issued before 14 June 2011 will be valid until the expiry date identified on the licence. If you do not need to add any new sub-classes you do not need to do anything as the licence class identifiers will be amended when you apply to renew your licence.
If you currently use a firearm or dog in your role or work as a monitoring centre operator you will need to apply to vary your licence to include the new sub-classes. Under the transitional arrangements, you will have two years to apply for the variation, however, you must not conduct the activity after 14 June 2011 until you have the sub-class added to your licence.
If you believe that you may need to apply for one of the new licence sub-classes please contact the Office of Regulatory Services on (02) 6207 0562.
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