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News - Australian Security Industry Association Ltd (ASIAL)
News headlines | ||||||||
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Local news | ||||||||
AS4421 Guards and Patrols StandardNational news | ||||||||
Fair Work Australia allows "contractor" to claim unfair dismissal | ||||||||
| Fair Work Australia has allowed a worker who submitted invoices to his employer, was not subject to PAYG taxation and was not paid any employment entitlements to proceed with an unfair dismissal application. The lesson in this for employers is simple, just because you or your subcontractor label him/her as a sub-contractor does not necessarily mean that they are one. The arrangement must fit within the legal definition of a sub-contractor otherwise it may be deemed a sham arrangement and expose the employer to claims for employee entitlements including access to unfair dismissal remedies. Read more | ||||||||
 Following a review, the Guards and Patrol standard has been updated. The draft is now available for public comment on the SAI Global website. | ||||||||
Retail giant Cotton On back-pays $278,000 to 3289 underpaid employees | ||||||||
| 15 July 2010 | ||||||||
| On the 15th of July 2010, the Fair Work Ombudsman released a media statement identifying retail giant, Cotton On as failing to pay more than 3000 employees for attending training sessions and staff meetings outside of work hours. The investigation and subsequent undertaking by Cotton On comes as a timely reminder to organisations in managing training and staff meeting times and to ensure that staff are appropriately paid in accordance with award and/or agreement requirements.Read more. | ||||||||
CPSISC - Workforce Development Strategy | ||||||||
| 9 July 2010 | ||||||||
| The Construction & Property Services Industry Skills Council (CPSISC) is in the process of preparing a Workforce Development Strategy to support those industries that fall within its coverage. As part of this process a ‘Green Paper’ has been prepared and industry feedback is sought. The feedback received will be further informed by the results of other survey data gathered as part of the process. This information will then be used in the development of a final ‘White Paper’. Read more. | ||||||||
NSW / ACT | ||||||||
NSW abandons Co-Regulatory Partnership | ||||||||
| In the wake of the scathing ICAC Report on Corruption in the Provision of Security Industry Training, the NSW Government has announced that it will abandon the co-regulatory approach in favour of the Security Industry Registry (SIR) assuming the role of principal regulatory body. | ||||||||
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Statutory Declarations now required in ACT | ||||||||
| July 2010 | ||||||||
| The ACT Office of Regulatory Services now requires individuals applying for a Security Employee licence (including those applying for renewal) to provide a statutory declaration signed by their prospective employer. | ||||||||
ACT – Security Industry Amendment Bill | ||||||||
| The ACT Government has re-introduced to Parliament amendments to the Security Industry Act 2003 in the form of the Security Industry Amendment Bill 2010. The amendments relate to the compulsory requirements for persons applying for a security employee licence to patrol, guard, watch or protect property or act as a bodyguard and/or act as a crowd controller, to obtain information about their workplace rights and responsibilities. The proposed legislation will require those applicants to attend a face to face session on their workplace rights and responsibilities and obtain a certificate of attendance prior to applying for their licence. The Government envisages this information session will be conducted by union representatives from the LMHU although the information may be presented by an approved employee organisation. ASIAL raised concerns when the suggested changes were presented embedded within a Justice and Community Safety Bill in 2009. ASIAL recognises the need for employees to be aware of their workplace rights and responsibilities although alarm bells ring when a compulsory Union program is recommended in legislation. Read the Attorney General's Explanatory Statement | ||||||||
NSW to introduce new Security Training Package on the 1st of July 2010 | ||||||||
| Any new security licence application from the 1st of July 2010 will be required to meet the competencies of the CPP07 Property Services Training Package. Part of the new requirements is for RTO’s to use and comply with a SIR developed Security Industry Licensing Implementation Guide including mandated assessment tools. To find out more regarding the implementation process, to view the competency requirements and SIR workshop presentation please log into the member only area. | ||||||||
ACT Security Industry - Workers Compensation Audit | ||||||||
| Members are advised that WorkSafe ACT is about to undertake a worker’s compensation audit of the security industry in the ACT.Read more. Please view the letter from Office of Regulatory Services. | ||||||||
WorkCover NSW review validity of First Aid Certificates | ||||||||
| Following one of the recommendations from the ICAC report into RTO’s (Operation Columba), WorkCover NSW has agreed to review the validity of First Aid Certificates issued through Roger Training Academy. The review will be completed by the 30th of September 2010 with the SIR being notified of the review outcome by the 15th of October 2010. Without pre-empting the outcome of the review, it is envisaged that many first aid certificates issued under a partnership arrangement between Unique College of Technology and Roger Training will have their validity questioned. | ||||||||
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VIC / TAS | ||||||||
Victorian Law Reform Commission (VLRC) recommends modernising surveillance lawsThe Victorian Attorney-General tabled the Law Reform Commission's Surveillance in Public Places – Final Report in Parliament on the 12th August 2010.The report responds to the growing use and sophistication of surveillance technologies. It provides 33 recommendations to modernise surveillance laws and promote the responsible use of surveillance devices in public places. The report completes a two-stage inquiry into the widespread use of privacy-invasive technologies. The Commission's Workplace Privacy Report (completed in 2005) was the first stage and proposed the creation of workplace privacy legislation to regulate potentially privacy-invasive acts and practices in the workplace. For more information read the media release and the Commission’s Surveillance Final Report. | ||||||||
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Private Security Amendment Bill 2010 | ||||||||
| The Private Security Amendment Bill 2010 was presented for its 2nd reading in the Victorian Parliament on the 29th July 2010. The bill makes amendments to the Private Security Act 2004 to implement a nationally agreed approach to the regulation of the private security industry. Specifically, the bill extends the application of the act to a new licensable activity (providing 'private security training') and prescribes additional offences and thresholds that will result in mandatory disqualification from licensing. It also makes fingerprinting mandatory for licence applicants and allows for the retention and use of those fingerprints for ongoing probity checks and for limited law enforcement purposes. It allows the chief commissioner, who has responsibility for regulating the industry, to cancel a licence if its holder, or any officer of the body corporate who is a holder, or any 'close associate' of the holder (as defined in the act) is convicted of certain specified offences and creates a procedure for the decisions on licensing applications to be made by the chief commissioner or reviewed by the Victorian Civil and Administrative Tribunal (VCAT) on the basis of intelligence information that is not disclosed to the applicant. Read more | ||||||||
Tasmania – Security & Investigations Agents Amendment Bill 2010 | ||||||||
| The Tasmanian Justice Department has advised that the Security and Investigation Agents Amendment Bill 2010 will be presented to Parliament in the near future. The proposed amendments will enable Tasmania to meet the COAG requirements for national legislative harmonisation. Amendments include interpretive changes for close associate, commercial agent activities, commercial employee activities, crowd control agent activities, crowd control employee activities, licence ineligibility offences and more. Read more... | ||||||||
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QLD / NT | ||||||||
Rights and responsibilities regarding confiscating identity cards | ||||||||
| Licensees and their staff are reminded of their rights and responsibilities regarding confiscating identity cards. Under the Liquor Act 1992 (the Act), the key consideration is age. Identity cards must be confiscated if they are falsely used to show a person is aged over 18 and trying to enter a licensed premise or obtain alcohol. That includes using someone else’s ID, altering details on your own ID or using a fake ID. These are the only instances where licensees and security providers are obligated to confiscate licences. Other improper use of ID cards is a matter for police. Confiscated licences must be sent to the Office of Liquor and Gaming Regulation as soon as possible so the matter can be dealt with and, where appropriate, ensure the identification is returned to the rightful owner. People caught using IDs to falsely show they are aged over 18 may be fined up to $2500. Licensees should send confiscated licenses to their OLGR regional office.Visit the QLD DEEDI website for more information. | ||||||||
| View Office of Liquor and Gaming Regulation (OLGR) updates on the following: | ||||||||
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Amendment to theSecurity Providers Actin QLD | ||||||||
 ASIAL members are advised that the Criminal Proceeds Confiscation and Other Acts Amendments Bill 2008, incorporating amendments to the Security Providers Act 1993 received its 3rd reading in the Queensland Parliament on Wednesday, 11 February 2009. | ||||||||
| Among the changes to the Security Providers Act: | ||||||||
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| View the Amendments (Select Criminal Proceeds Confiscation and Other Acts Amendments Bill 2008) | ||||||||
WA / SA | ||||||||
State Priority Occupation List | ||||||||
| The State priority occupation list is an annually produced list of jobs that are in high demand or considered industry critical in Western Australia. Several security roles, including Security Officers/Guards, Security Installers and ICT Security Specialists are mentioned.Read more | ||||||||
Interpretation of Section 79A to be firmly applied | ||||||||
| Section 79A of the Western Australian Security and Related Activities (Control) Act 1996, relates to the employment of certain unlicensed persons in a security agents business. The WA Licensing Enforcement Division have indicated that the section will be firmly applied. This will mean that a person who is unlicensed and where a person has had the issue of a licence or renewal of a licence refused or whose licence is suspended or revoked is not to be employed in any capacity in the agents business. The employment of such persons in any capacity in the business will place the agent in breach of the Act. | ||||||||
Code of Conduct | ||||||||
| The WA Police have called for public submissions regarding the proposed WA Security Industry Code of Conduct. In accordance with Regulation 54A of the Security and Related Activities (Control) Regulations 1997, holders of licences issued under the Security and Related Activities (Control) Act 1996 or members of the public are invited to make written submissions about the draft Code of Conduct for the Security Industry. Written submissions should be forwarded to the Policy Officer at the Licensing Enforcement Division by Monday, | ||||||||
| 6 September 2010. Read more | ||||||||
Release of CCTV Technical Advice | ||||||||
 The Office of Crime Prevention (OCP) in partnership with the State CCTV Working Group have this week released the Western Australia Closed Circuit Television (CCTV) Technical Advice. The Technical Advice document, which supports the Western Australia CCTV Guidelines, is available for download from the OCP website. | ||||||||
Blue Iris CCTV Registration | ||||||||
 A reminder to members in WA that Blue Iris is a WA Police Register, NOT a Compliance system. Members are able to display the Blue Iris logo and should NOT be advertising that they are 'Blue Iris Compliant'. For further information please log into the Member area. | ||||||||
WA Licensing Enforcement Division - New direct mailbox | ||||||||
| The WA Licensing Enforcement Division manages the compliance and enforcement of licensing across Western Australia. They have released a new direct mailbox (security.industry.reports.smail@police.wa.gov.au) for complaints against licence holders, not for general licensing complaints, regarding the security industry. The mail box is for associations and agents only. | ||||||||
Changes to SA Liquor Licensing Laws | ||||||||
| The changes to liquor licensing laws that will take effect from 3 May 2010 will benefit producers and other licensees by reducing costs and red tape, while still promoting responsibility service and consumption of alcohol at licensed premises. For more information please visit Office of the Liquor and Gambling Commissioner. | ||||||||
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Business News | ||||||||
ACCC Small Business Information Network (SBIN) | ||||||||
| 5 July 2010 | ||||||||
| Please log into the member area to view some recent updates regarding the Australian Competition & Consumer Commission (ACCC)’s activities relating to the small business sector for unfair contract terms and scam awareness targeting your business at the end of the financial year. | ||||||||
Keep your identity secure | ||||||||
| 2 July, 2010 | ||||||||
| Identity fraud is one of the fastest growing crimes in the world and during tax time it is even more important to protect your identity. Read more. | ||||||||
The ATO answers your top tax questions for 2010 | ||||||||
| 2 July, 2010 | ||||||||
| Australian Tax Office assistant commissioner Elaine Anthony answers the most commonly asked tax questions for news.com.au readers. | ||||||||
The Internet as a Tool for Global Money Laundering | ||||||||
| Money laundering on the Internet is central to any form of cyber crime. This report reviews the main techniques used and reports on new methods of money laundering observed online. Read more. | ||||||||
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