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News archive 2009 - Australian Security Industry Association Ltd (ASIAL)
News archive |
Draft OHS legislation released |
| State and Territory Workplace Relations Ministers agreed to a recommendation by the Safe Work Australia Council to release an exposure draft of the model OHS laws, along with supporting documentation. Julia Gillard told the meeting that the Federal Government had decided to extend the moratorium on companies joining the Comcare self-insurance scheme until 2011 when it is expected that uniform OHS laws will have been implemented in all jurisdictions. The Government will introduce legislation to extend the moratorium. |
| Read more |
The Fair Work Ombudsman commences a national security industry campaign |
| The Fair Work Ombudsman has commenced a national targeted educational and compliance campaign in the security industry, targeting employers who engage workers in the national workplace relations system. |
| The National Security Industry Campaign will audit compliance with provisions of the Fair Work Act 2009, the Fair Work Regulations 2009 and will pay particular attention to the employment conditions of vulnerable workers. |
| Visit the Fair Work Ombudsman website |
Workers Under New South Wales Awards get 2.8% Pay Rise |
| The NSW IRC has increased the State's minimum wage by $15.50 to $568.20 a week, rejecting employer calls to follow the AFPC's wage freeze and saying it would be "inconceivable" for a body charged with protecting the low-paid not to award an increase. The 2.8% increase to the NSW minimum wage and award wages applies to employees of employers who are partnerships and sole traders. It does not apply to employees of incorporated companies. The full bench in its decision acknowledges the "fragility of economic conditions" in NSW, saying "there is obviously a tension between a seriously weakened economy and the granting of pay rises to employees whilst the economy is in that state". The decision takes into account a number of factors that diminish the need to increase the minimum wage in order to maintain a decent safety-net for the low-paid, including improved benefits delivered through the social welfare and tax transfer systems and falling inflation. However, the full bench says, the factors should not dictate its decision, particularly given its "experience that if interest rates are high and putting pressure on businesses, that is put as a reason not to increase wages and, if interest rates are low, that is again put as a reason not to increase wages because employees are obtaining a benefit from lower rates". The increases will only take effect when Unions make applications to vary awards and in the Security Industry this means increases are not likely to take effect before February 2010. |
Amnesty on pay-roll tax penalty for employers |
| Employers who haven’t included payments to contractors on their pay-roll tax returns are being provided an amnesty on penalties. Treasurer Andrew Fraser said the recent move to harmonise pay-roll tax with other states included new rules about contractor payments which clarified when tax should be paid. Employers have until 31 March 2009 to review their contractor relationships and payments over the last three years to ensure they had met their obligations. Mr Fraser said some employers may have incorrectly believed that no payments to contractors were taxable. “Some payments to ‘contractors’ are liable for pay-roll tax because the true relationship between the parties is actually that of employer and employee,” Mr Fraser explained. “While employers are implementing the new regime, the Commissioner of State Revenue is providing the opportunity to review contractor payments they have made in the last three financial years and clear up outstanding pay-roll tax liability that existed under the previous law.” Mr Fraser said most employers did try to do the right thing. “Mistakes do happen, however, and the amnesty provides the opportunity for employers to meet their liabilities without being liable for substantial penalties which would normally apply,” he said. “I urge employers to use the amnesty to check contractor payments. Employers who make voluntary disclosures now won’t be liable for penalty tax and for only 50% of unpaid tax interest.” After the amnesty, outstanding pay-roll tax liabilities on contractor payments will again attract penalty tax (up to 75% of the tax unpaid) and unpaid tax interest of 14.37% per annum, depending on the circumstances and year in question. Cases which aren’t disclosed voluntarily can be investigated by the Office of State Revenue. Information to help employers establish if they should pay pay-roll tax is available on theOSR website |
Ensuring Fitness for Work - it's not just good management, it's the law! |
| If you haven't already put in place a Fitness for Work policy and a procedure for randomly testing employees for alcohol or drugs, you may be risking your business. ASIAL's Industrial Relations Advisor, Chris Delaney, writes for Security Insider magazine. View article |
Cash in Transit requirements for NSW |
| The Transport Industry Cash in Transit (State) Award applies to employees whose primary and substantial work function is, or is in connection with, the transportation of cash in the state of New South Wales. It also applies to employees performing ATM work who are employed by employers whose primary and substantial business function is the transportation of cash. If CIT is not the primary function of your business and CIT is performed as an incidental part of other security activities then you and your employees are not covered by this Award. Employees performing ATM, cash escort or CIT activities will be covered as Grade 2 Security Officers under the terms of the Security Industry (State) Award [NAPSA] or in some cases the Security Industry NSW Award. |
| ASIAL members have access to an Award and Employee Relations advisory service provided by Chris Delaney & Associates Pty Ltd |
| Email ir@asial.com.au for more information |
Australian Public Holidays |
| Public holidays in Australia are designated on a state and territory basis with the exception of national public holidays such as Australia Day, ANZAC Day, Christmas Day and New Years Day. |
| For a full list of public holidays go to: www.australia.gov.au |
Amendments to the Act |
| The Security and Related Activities (Control) Act 1996 has been amended. The Amendment Bill has passed through both houses of Parliament. The formulation of the corresponding Regulations is completed and implementation date of the new amendments is Monday, 14 December 2009. |
WA Security Technology Day - Friday 4 December 2009, Perth |
| Edith Cowan University will be staging the 2009 SECAU Research Centre Security Congress from the 1 -3 December 2009. As part of this event, a Security Technology Day will be held at ECU's Mt Lawley Campus on Friday 4 December. The organisers are offering a limited number of opportunities for companies to showcase security technologies and conduct information sessions, preferably with a hands on component. The day will also feature information security technology. For more information on the opportunities available contact Chris Cubbage at ccubbage@amlechouse.com. |
Review of the requirements for H6 licences and the number of firearms required for licensed Security Companies operating in South Australia |
| At the present time, the Firearms Act 1977 and the Firearms Regulations 2008 are silent in relation to Security Companies and their posession and use of firearms, other than Regulation 22 - the requirement for a nominee of the Company to be appointed to manage firearms owned by the company. South Australia Police have held discussions with some representatives of the security industry operating in South Australia. Following this, a draft document has been produced with the intention of forming conditions to security licenses and provide some clear directions and guidelines to the security industry. |
| Should you have any comments on the draft please direct them to Craig Murray, Compliance and Regulatory Affairs, ASIAL at compliance@asial.com.au by 5pm, Monday 27 July 2009. |
NSW security licence revoked for alleged fraud |
| An investigation into security industry fraud instigated by the NSW Police Force and handed to the Independent Commission Against Corruption (ICAC) has led to the revocation of the security licence of a major industry training provider. Officers from the NSW Police Force and ICAC executed search warrants this week on Roger Training Academy Pty Ltd, an approved registered training organisation, following an investigation into its training practices. |
Security Industry Registry to increase fees |
| New security industry licensing fees apply from 16 March 2009 for operators in NSW. |
| The fee increases will recover new costs incurred by the Registry for national criminal record and fingerprint identification checks. The Registry will NOT accept any applications received on or after 16 March 2009 that are not accompanied by the relevant new fee amount (including resubmitted applications that were previously received by the SIR before this date). |
More electronic records breached in 2008 than in the previous four years combined |
| According to Verizon Business's 2009 Verizon Bsuiness Data Breach Investigations Report, corporations fell victim to some of the largest cybercrimes ever during 2008. |
Telstra IP network upgrade and the dialler market |
| ASIAL recently wrote to Telstra’s Chairman seeking clarification on the impact that the rollout of Telstra’s IP network upgrade will have on the range of monitored security services provided to business and residential customers. |
Unisys Security Index report |
| According to a recent Unisys Security Index (conducted in December 2008), 53% of Australians are very or extremely concerned about unauthorised access to or misuse of their personal information, and 51% of Australians are very or extremely concerned about other people obtaining their credit card / debit card details. The Unisys Security Index is a global research endeavour that gauges public perception of major security issues in 13 countries. |
| www.unisyssecurityindex.com. |
AS/NZS 2201 Suite of Standards |
 Upon joining ASIAL, members accept an obligation to adhere to Australian Standards as a minimum, and in the electronic sector this includes the AS/NZS 2201 suite of Standards. Changes have been made recently to AS/NZS 2201 and members should make themselves familiar with all parts. Find out more |
| Copies of the standards can be purchased from the SAI Global website |
Addressing the CCTV Skills Shortage |
| A Discussion Paper has been prepared outlining the development of an industry-driven Certification Program for Electronic Security Professionals. Comment is being sought from the industry on the proposal to establish an industry certification program. |
Important reminder for members operating in NSW |
| January 2009 |
| The deadline for crowd controllers and guard dog handlers to comply with mandatory training upgrades passed on 1 November 2008. |
| Non-compliant licensees were issued revocation notices by the Security Industry Registry on 2 December 2008 and have until midnight on 7 January 2009 to take action to avoid the revocation becoming effective. |
| Master licensees should closely monitor their employees' compliance and check their license status on 9 January 2009. |
| Employment of unlicensed guards attracts significant penalties and may lead to revocation of the employer's Master licence. |
| Visit the Security Industry Registry website for more |
Important notice - advertising security activities in NSW |
| January 2009 |
| Section 32(2) of the Security Industry Act states that “A licensee must ensure that any advertisement in relation to any security activity carried on by the licensee contains the number of the licence.” Advertising is defined as “any public announcement designed to sell goods or publicise an event”. A reference in this section to an advertisement includes a reference to any form of notice or statement in the nature of an advertisement which includes websites and newspaper advertisements. Although business cards and letterheads are classed as business communication and not advertising ASIAL encourages all master license holders to display their master license number with pride whenever possible. The maximum penalty for contravening this section is: (a) in the case of a corporation-200 penalty units, or (b) in the case of an individual-100 penalty units or imprisonment for 6 months, or both. |
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