Northern Territory Second Reading Speeches

[Index] [Search] [Bill] [Help]

PRIVATE SECURITY AMENDMENT BILL 2003


Madam Speaker, I move the bill be now read a second time.

The purpose of the bill is to amend the Private Security Act following the National Competition Policy Review of the private security legislation. The amendments ensure that the private security legislation is compliant with NCP principles. The amendments also provide for enhanced provision for public safety measures through ensuring that those undertaking security work are appropriately licensed and trained to appropriate competency standards.

The amendments will also establish improved administrative arrangements, many of which were requested by industry during the NCP review process. The amendments do not make changes in government policy. The need for amendments to the private security legislation has arisen from the government’s concern to improve standards in the private security industry. Many concerns were also raised during the NCP review. Through conduct of the NCP review and discussion with stakeholders, it has become apparent legislation could be improved by ensuring the persons undertaking private security work were appropriately licensed; making provision for an infringement notice system; ensuring licencees hold current first aid qualifications; providing the licensing authority greater flexibility in the time frame for licence renewal; and removing references to ‘transitional licences’ and the Private Security Industry Fund, which are now obsolete.

Before I outline the proposed amendments, it is important to acknowledge the contribution of key stakeholders engaged in the legislative review process through either making written submissions or attending meetings. I specifically wish to thank those who made written submissions to the National Competition Policy Review; private security firms, providers of private security training, police and others who attended the competition policy public consultation meetings concerning security licensee training standards; and the Australian Hotels Association, the Australian Liquor, Hospitality and Miscellaneous Workers Union, the Business Retail and IT Training Advisory Council and the Northern Territory Private Security Investigators Association all for their participation in the review process.

To the proposed amendments, the prime work role, the bill proposes to delete exemption in respect of employees to make it plain that employees undertaking the role of a security officer as their prime work duty are subject to the licensing requirements of the Act. It has been observed that some shopping centres use staff to perform security industry type work, for example monitoring customers to ensure all items collected in the store are presented for sale when leaving the store. At times this involves questioning of customers and asking customers to wait until police arrive. Increases in this type of activity can coincide with school holidays. The purpose of the amendment is to make clear that if staff are performing security type duties as their prime work role, they must be appropriately trained, qualified and licensed for this work.

Police to inform the Licensing Authority when a licensee is charged. The bill proposes that the Commissioner of Police be able to inform the Licensing Authority whenever a licensee is charged with a disqualifying offence. Given recent changes concerning privacy legislation, permission will be sought from licensees when they apply or renew their license so that police may advise the Licensing Authority as soon as the licensee is charged with an offence which is a disqualifying offence. This step will enable the Licensing Authority to take appropriate action to ensure that inappropriate persons do not continue to hold security licenses. The rights of a licensee to a hearing with the Licensing Authority remains unchanged.

Consultation re training competencies. The bill proposes that before the minister approves a competency or training required for the attainment of competency standards, the Licensing Commission is required to consult with interested persons prior to advising the minister. Current legislation permits the minister on the advice of the Licensing Commission to approve competencies and training standards and to declare those standards by way of a notice in the Gazette. To ensure appropriate industry consultation, it is proposed the current consultation practice is formalised by requiring the Licensing Commission to consult with interested persons prior to advising the minister.

Infringement notice system. The bill proposes that an infringement notice system be introduced to deal with minor offences against the Private Security Act or Regulations. Offences may include such matters as security personnel not wearing their work shift identification number or breaches of the Security Officer Code of Practice. The infringement notice is a business and worker friendly addition as it will allow licensees to continue to work while providing a mechanism where minor breaches of the Act or Regulations are addressed. Details of the infringement notice system will be available when amendments to the Private Security Regulations are tabled later this year, but before this occurs further consultation will occur with a range of government, industry and community stakeholders to ensure the infringement system is fair and workable across the private security sector.

Licence renewal, current first aid certificate. The bill proposes that on licence renewal applicants must produce documentation showing that a current first aid certificate is held. Some licensees are seeking licence renewal without production of a current first aid certificate. As licensees are required to be the holder of a current first aid certificate, the requirement that this be produced when seeking licence renewal is reasonable. It does not add any cost to licensees, ensures that licensees do have up to date first aid training. This amendment also reflects the government’s concern that security industry licensees are properly qualified for the duties they perform.

Non-compliance with licence requirements and regulatory offence. The bill proposes offences relating to the non-compliance with licence requirements are regulatory offences. Currently it is an offence to employ unlicensed security persons for the purposes of undertaking security work. However, the penalties contained within the Act do not specify whether offences committed are regulatory or criminal. Given the lack of specificity and that criminal intent is most unlikely to occur, it is appropriate to clarify that offences concerning unlicensed security persons are regulatory offences. The bill proposes that a licensee as well as the Licensing Commission may seek a variation to their licence conditions. From time to time, the licensee may wish seek a variation to accord with changing commercial or other circumstances. It is appropriate that provisions be made enabling the licensee to do so.

Licence renewal time frame. The bill proposes that the Licensing Authority may renew a licence not earlier than three months before its expiry date or within a period of time that is determined by the Authority. While existing provision is adequate in terms of licence renewal not earlier than three months, there is the need to provide the Licensing Authority with greater flexibility where a renewal has not been completed by its expiry date.

Licence replacement – the bill proposes a prescribed fee be charged where a replacement licence is issued. Treasury’s Racing, Gaming and Licensing division have noticed a small number of security licensees regularly misplace their licence and accordingly seek to be provided with a replacement. Where lost licences have not incurred significant damage, such as going through the washing machine, there is the concern they may be used as part of an illegal licence provision process. Advice from other jurisdictions was that charging a replacement fee of $20, an amount which equates with the average fee in other Australian jurisdictions, would address the behaviour. Provision will be included so that if a licence is stolen and the licensee is able to produce a stolen property PROMIS Card number, replacement fee would not be charged. This matter will be dealt with via the regulations.

Consumer affairs officers as authorised officers – the bill proposes deleting the inclusion of officers as defined in the Consumer Affairs and Fair Trading Act as authorised officers for the purposes of the Private Security Act and deleting references to the Consumer Affairs and Fair Trading Act and the Private Security Act. Members of the House may be aware that when the private security legislation was introduced, the Office of Consumer Affairs and Fair Trading was responsible for the Private Security Act. Accordingly, reference to staff in that agency having the role of inspectors was included. Due to changes in the responsible agency for the private security legislation, it is no longer appropriate for reference to officers from the Office of Consumer Affairs and Fair Trading in the Private Security Act.

Licensing authority to prescribe format of Incident Register – the bill proposes the licensing authority may specify the format of the requirements to be met in completing Incident Registers. The act requires licensees keep an Incident Register, but there is no specifications as to the format of the register. Currently, licensees use loose sheets of paper, exercise books or a range of notepads. These means of recording are not satisfactory, as pages may be removed, thus not being a reliable means of documentation. Given recent instances where incidents involving public violence have been poorly recorded and possibly amended after the initial record was made, the use of a prescribed register with consecutively numbered pages is warranted.

Private Security Industry Fund and associated levies – the bill proposes to remove all references to the Private Security Industry Fund and levy, because the fund and levy have never been used. These provisions should be repealed as they are obsolete.

Complaint provisions – the bill proposes to establish a formal complaint provision in the act, to enable any person to complain to the licensing authority about a breach of the act, regulations or the code of conduct, by a licensee. Formal complaint provisions to enable a person to complain about a breach of the act, regulations or the code of conduct by a licensee is not an unusual provision. During the National Competition Policy consultation, industry supported the concept, expressing surprise it is not already allowed for.

The licensing authority has maintained an administrative practice which is guided by the rules of natural justice and laws of evidence that allows members of the public or other persons to lodge a complaint in writing to the authority. The authority in turn investigates the complaint, which may result in disciplinary action being taken. To ensure the efficient operation of this practice, the act will be amended to prescribe a complaint mechanism which allows the person to complain to the licensing authority about any matter arising out of the conduct of the security provider or the security provider’s business. A provision has been added, similar to those provisions in the Liquor Act, to enable the Licensing Commission to dismiss, without holding a hearing, any complaints deemed to be vexatious or frivolous.

Transitional licences – the bill proposes to repeal all references in the act and regulations to Transitional Licences. Transitional licences were introduced when the Private Security Act was enacted to ensure that the Territory would have access to licensed crowd controllers and security officers, because on the day when the act came into force, there were no qualified licensees. As the change from the old unlicensed system to the new system has passed and there are sufficient licensed crowd controllers in the industry, this provision is now obsolete and should be removed. It should be noted that no transitional licences have been issued since 1999-2000.

Madam Speaker, in presenting these amendments to the Private Security Act today, I wish also to advise the House that there will be amendments to the Private Security Crowd Controller, Security Officer and Security Firm regulations, arising from the National Competition Policy review of the private security legislation. These amendments will be presented to the House through the normal regulation amendment process at a later date.

The amendments proposed today will amend the Private Security Act, so that if conforms with Competition Policy principles. The amendments further this government’s commitment to public safety and the integrity of the Northern Territory private security industry, through ensuring appropriate licensing, the use of current training standards and more efficient administrative requirements for the licensing process.

I thank the staff for a very comprehensive second reading speech and I commend the Private Security Amendment Bill 2003 to honourable members.

Debate adjourned.






 

[Index] [Search] [Bill] [Help]