New South Wales Consolidated Regulations

SECURITY INDUSTRY REGULATION 2007 - REG 14

14 Application for class 1, class 2 or provisional licences-written references: section 14 (3) (b)

(1) For the purposes of section 14 (3) (b) of the Act, the following classes of persons are prescribed:

(a) accountants (namely, members of the Institute of Chartered Accountants in Australia, CPA Australia, the National Institute of Accountants or the Association of Taxation and Management Accountants, or registered tax agents),

(b) bank managers,

(c) Australian lawyers within the meaning of the Legal Profession Act 2004 and patent attorneys,

(d) clerks or registrars of court,

(e) registered medical practitioners,

(f) judges,

(g) members of the Chartered Institute of Company Secretaries in Australia,

(h) public sector employees (other than members of the police force, or other law enforcement agency, of any jurisdiction) who have been employed full-time continuously for at least 5 years,

(i) teachers who have been teaching full-time for at least 5 years at schools or tertiary institutions,

(j) ministers of religion,

(k) the applicant’s current or previous employers,

(l) justices of the peace,

(m) persons who have held a licence continuously for at least 5 years.

(2) A person included in a class prescribed under subclause (1):

(a) must have personally known the applicant for at least 12 months, and

(b) must provide particulars of the context in which they know the applicant, and

(c) must not be a close family member of the applicant.

(3) A person included in a class prescribed under subclause (1) must not provide a written reference under section 14 (3) (b) of the Act that is false or misleading in a material particular.

Maximum penalty: 20 penalty units.

(4) In this clause:
"close family member" of an applicant means:

(a) a parent of the applicant or other person with parental responsibility for the applicant, or

(b) the spouse or partner of the applicant, or

(c) a child or stepchild of the applicant or any other person for whom the applicant has parental responsibility, or

(d) a brother, sister, half-brother or half-sister, or stepbrother or stepsister of the applicant.

"spouse or partner" means:

(a) a husband or wife, or

(b) the other party to a de facto relationship within the meaning of the Property (Relationships) Act 1984 ,

but where more than one person would so qualify as a spouse or partner, means only the last person to so qualify.