NSW Security

BSCAA is an Approved Security Industry Association with approximately 500 members.

The Division has an Executive Committee of 6 members:

Julian Claxton (Jayde Consulting ) Chairman
Charles Carter (Hellion Protection)
Mick Matic (Security Manpower Services P/L)
Alex Pavlakis (PIA Security Services P/L)
Yuval Yarri (Lighthouse Protection Group P/L)
(one vacancy)

Master Licence Requirements - Warning

It has come to our attention that a number of members have received fines issued by the Alcohol Licencing Enforcement Command for a breach of the Security Industry Regulations. Despite a general statement on the fact sheet issued by the Security Industry Registry under the title Record-keeping and other Requirements for Master Licence Holders that:

"Master Licences now need only be displayed at the licensee's principal place of business, rather than at each of the premises at which the licensee's employees conduct security activities"

Clause 37 of the Security Industry Regulations - Incident Register states:

If the holder of a master licence employs a class 1 licensee or a provisional licencee, it is a condition of the master licence that the licensee must keep a register containing particulars of the following incidents that occur while the licensee is performing his or her duties:
1. in relation to a class IA, IB, IC, ID, IF, IG, PIA, PIB, PIC, PID, PIF or PIG licensee - the licencee makes forceable physical contact with, or physically restrains, a member of the public,
2. in relation to a class IC or class PIC licensee - the licensee ejects a member of the public from the premises or site concerned,
3. in relation to a class ID or class PID licensee - the licensee's dog attacks a person
4. in relation to a class IF or class PIF licensee - the licensee removes a firearm from his or her holster (unless the removal is for the purposes of unloading ammunition or for the maintenance of the firearm)
5. in relation to a class IF or PIF licensee - the licensee discharges a firearm
If an incident involves a provisional licensee, the particulars must include the name of that licensee's supervisor.
The incident register must be kept on premises that are used for the purposes of conduction the security activity authorised by the relevant master licence.
THE INCIDENT REGISTER MUST CONTAIN A COPY OF THE RELEVANT MASTER LICENCE.
The requirement to keep a register under this clause is in addition to the requirement under clause.

A template form for incident reporting can be downloaded from this page.

Modern Award for the Security Industry

The Modern Award for the security industry will take effect from January 1, 2010 and operate nationally.

A copy of the Security Services Industry Award 2010 (last updated 26/09/2011) can be downloaded from the following link:

Security Services Industry Award 2010.pdf

BSCAA NSW Members Only

More industrial relations and member resources are available on the Members Only portal of the website, including the current Security Wage rates effective first full pay period after 1st July 2011.

Fit for Work Policy

BSCAA has developed a template for a Fit for Work Policy which is available to be downloaded from the 'Security - Members Only' page on this website. Members are able to adapt this document for their specific requirements.

Security Industry Regulations

Regulations for the Security Industry Act were gazetted on August 2, 2007 The Minister for Police, David Campbell, announced a raft of changes to the security industry to further tighten laws. "NSW already has the toughest security industry regulations in Australia and those high stands exist to protect the community and to prevent the infiltration of the industry by criminal gangs" Mr Campbell said.

The regulations came into force on September 1, 2007 and a copy can be obtained from www.advertising.nswp.commerce.nsw.gov.au.

Click on Gazettes, then Government Gazette - 3 August 2007 pdf version Part 2 then check the index.

The Security Industry Registry has released a series of Fact Sheets which have been sent to all Master Licence holders and are available from the SIR website.

Online Security Management System

Cruse & Associates have developed a web based management system to assist companies manage OH&S and Quality Assurance requirements. Based on the OurIntranet system, this online application is designed to help meet the communication, administration and record keeping requirements of your company.

Visit www.security.ourintranet.com.au.

The following BSCAA members are Approved Training Organisations:

Allegiance Investigations & Security Services Dee Why P: 9905 9193
Allies Security Services Pty Ltd Marrickville P 9557 7466
Intercept Group Tuggerah P: 4353 0922
Safecity Services Oberon P: 6335 5216
Specialised K9 Pty Ltd Auburrn P: 9643 1243

Traineeships are available for:

Certificate II in Security Operations
Certificate III in Security Operations
Certificate IV in Security Operations and Risk Management
Contact your local RTO or New Apprenticeship Centre for more information.

Members can view the training requirements by visiting the Security Industry Registry website www.police.nsw.gov.au/sir and clicking on Security Training. The information provided also contains a full list of Approved Registered Training Organizations.

Employment Screening

BSCAA member Risq Group is offering discounted police checks with a quick turnaround time. Details are available on the Security - Members Only secure page of this website.

Industry Safety Initative Funded by Workcover NSW

A BSCAA initiated, WorkCover funded project to design an OH&S system for small security companies engaged in guarding and crowd control is available free of charge electronically and can be adapted and badged with your company name.

The project has received excellent response from the industry and comprised two manuals -

An Induction Manual for employees
A complete OH&S system for the company

Access To SIR Public Register Of Licences

The SIR has published a Public Register of Licences which provides details of the current status of security, commercial agents and private inquiry agents licenses by accessing the New South Wales Police and SIR websites. Substantial penalities are in place for individuals and corporations carrying on unlicenced security activities and these penalties will be increased with the introduction of the Security Industry Amendment Act.

Important Notice from the Security Industry Registry

For your information and assistance, I provide the following background and Q & As in relation to the 1 November 2008 training upgrade deadline that applies to all Class 1 licensees holding subclasses 1C (Crowd Controllers) and/or 1D (Guard Dog Handlers) [except those licensees also holding subclass 1F (Armed Guards)]. Please contact the SIR's Customer Service Centre on 1300 362 001 for further information.

Background:

In late August 2007, every security industry licensee received a comprehensive Information Package from the Security Industry Registry (SIR) with Fact Sheets on various aspects of the 1 September 2007 security legislation changes. Class 1 & 2 licensees also received an Application to Surrender, Retain or Take-up Class 1 and/or Class 2 Licence Subclasses in order to transition their licences to the new licence subclasses.
Licensees were advised by the SIR that an application to take-up or retain any Class 1 licence subclass committed the licensee to undertake mandatory training/assessment by set deadlines. As indicated in the SIR's Fact Sheet 3, each Class 1 licensee has a single deadline in which to satisfy the training upgrade requirements for all of the subclasses they elected to take-up or retain.
Licensees that submitted an Application to Surrender, Retain or Take-up Class 1 and/or Class 2 Licence Subclasses signed a Licensee Declaration that included the statement "I understand that my licence may be revoked if I fail to upgrade my training, in relation to any Class 1 licence subclasses I have requested, by the deadline set by the Security Industry Registry".
Every licensee that retained or took up Class 1 subclasses was sent an acknowledgement letter containing the following paragraph: "You have until [deadline was inserted] to supply the Security Industry Registry with evidence that you have upgraded your training to the new standard/s for the Class 1 licence subclass/es you have applied to retain or take-up. If you have not already done so, you should make urgent contact with an approved Registered Training Organisation to commence this process."
In addition to the information sent personally to licensees, the training upgrade requirements have been widely communicated by the SIR, approved security industry associations, unions, employers and Registered Training Organisations through a variety of means.
Each licensee's training deadline is based on the highest risk subclass (in terms of public safety implications) that they elected to retain or take-up. The deadline for 1F licensees (Armed Guards) was 1 August 2008. The next training deadline is 1 November 2008 for the approximately 25,000 licensees that applied to hold subclasses 1C (Crowd Controllers) and/or 1D (Guard Dog Handlers).
The deadline for licensees holding subclasses 1C and/or 1D (but not also 1F) was originally 1 September 2008. In April 2008, the SIR revised the deadline to 1 November 2008 and communicated that change via approved security industry associations and approved RTOs.
There is no provision for the SIR to revoke only particular subclasses while allowing a licensee to retain subclasses for which they have satisfied the associated training upgrade requirements or for which there are no new requirements (i.e. Class 2 subclasses). Any licensee that only partially satisfies their training upgrade requirements must either take action to surrender the subclass/es for which they have not attained the required competencies, or apply for a new licence (post-revocation) with the subclasses for which they have satisfied training requirements.
Licensees that wish to surrender subclasses for which they are unable to satisfy the training requirements must complete an Application for Amendment or Replacement of an Individual Licence (available from the SIR's website - www.police.nsw.gov.au/sir) and lodge it with the SIR. If the licence subclass that is surrendered is the highest risk subclass held, the licensee's training deadline will be adjusted. For example, a 1AC licensee who surrenders subclass 1C will cease to be subject to the 1 November 2008 deadline and will instead have until 1 September 2009 to complete the training requirements for subclass 1A.

A document detailing the training requirements for all Provisional and Class 1 licence subclasses is available on the SIR's website. Click Here.

Q & As:

Q: How many licensees that are subject to the 1 November deadline have not fully complied with their training upgrade requirements?
A: Approximately 15,000, however the SIR has received extraordinarily high numbers of lodgements (i.e. training certificates and/or applications to surrender subclasses) in recent days.

Q: How will the revocation of non-compliant licensees be managed by the SIR?
A: The SIR will require some weeks to process all lodgements and identify licensees who have failed to comply with the training upgrade requirements. Revocation notices are expected to be issued by the SIR to non-compliant licensees in late November. The revocation notices will not become effective until 8 January 2009 and will only become effective if the licensee fails to take action to comply before this date. Revocation notices will be sent by normal post to the licensee's last known address (on the SIR's licence records).

Q: Will the SIR continue to accept training certificates and/or applications to surrender subclasses after 1 November from licensees that were subject to that deadline?
A: Yes. If a licensee makes the necessary lodgements after 1 November 2008 but before revocation notices are issued by the SIR, they will not receive a revocation notice. If a licensee makes the necessary lodgements after the revocation notices are issued but before they become effective on 8 January 2009, their revocation will not become effective. Training certificates will be accepted by the SIR even if issued by the approved RTO after 1 November 2008.

Q: So the SIR has extended the deadline?
A: No, the official deadline remains 1 November 2008. Revocation action will be commenced by the SIR as soon as it has processed on-hand lodgements. The period from the issue of revocation notices to close of business 7 January 2009 represents an appeal period, during which licensees subject to revocation action may successfully appeal by complying with their training upgrade requirements. The appeal period that will be provided by the SIR is more generous than its 28 days legislative obligation.

Q: Why not just promote this as a deadline extension?
A: Affected licensees (and their employers) have had more than sufficient time and notice (since August 2007) to ensure compliance with the training upgrade requirements, yet 15,000 licensees have failed to do so. If licensees misperceive that their deadline has been extended to cob 7 January 2009, there is a real risk that they will again defer compliance action and similarly high numbers of licensees will face revocation action on 8 January 2009. If licensees fail to take advantage of the offered revocation appeal period, or approved RTOs are unable to accommodate the level of demand for training and assessment, the licensees (and their employers) must accept that the revocation of their licence is a direct result of their failure to comply with the 1 November deadline.

Q: Can non-compliant licensees continue to work after 1 November 2008?
A: Yes. They will continue to be able to carry on the security activities authorised by their security licence until the revocation of their licence becomes effective on 8 January 2009. Again, revocation will only become effective if the licensee fails to comply before cob 7 January 2009. Employers should validate their employees' licences on 9 January 2009 using the SIR's Public Register of Licences (@ www.police.nsw.gov.au/sir) and make any necessary adjustments to their Friday night and weekend rosters.

Q: Why did the SIR not provide earlier advice on these timeframes?
A: It was evident to the SIR that considerable numbers of licensees were taking "last minute" action to comply with their training upgrade requirements and the SIR did not wish to jeopardise this compliance momentum by providing information that could be misinterpreted as a deadline extension. It was also necessary for the SIR to brief the Minister for Police and gain his support prior to communicating details of the revocation processes and timeframes.

Q: If a licensee completes the required training upgrade after 8 January 2009 will the SIR reinstate their licence?
A: Other than in exceptional circumstances (eg. demonstrated SIR error or significant compassionate grounds), the SIR will not reinstate revoked licences. If the licensee has attained the necessary competencies, they may supply the relevant training certificates to the SIR with an application for a new licence. If the licensee is unable to attain the competencies for a new Class 1 licence, they will need to complete a Prelicensing course before applying for a Provisional licence.

Q: Who can provide the necessary training and assessment to licensees who have not yet complied with their training upgrade requirements?
A: Only the approved RTOs listed on the SIR's website. Licensees should ensure that their chosen training organisation is an approved RTO before commencing training.

Q: Should licensees call the SIR's 1300 number to confirm that their lodgements have been received and their training upgrade requirements have been satisfied?
A: The SIR's Customer Service Centre is experiencing extraordinarily high demand levels. Licensees are encouraged to verify that they have fully satisfied their training upgrade requirements by entering their licence number into the SIR's Public Register of Licences and viewing the Additional Notes field. Due to the large numbers of certificates and amendment applications being received by the SIR, licensees must allow at least 10 working days for their lodgements to be processed before the Public Register is updated.

I hope this information assists you to deal with any related enquiries that you may receive.

Regards,
Cameron Smith