New South Wales Repealed Regulations

This legislation has been repealed.

SECURITY INDUSTRY REGULATION 2007 - REG 37

37 Incident registers

(1) If the holder of a master licence provides a class 1 licensee, it is a condition of the master licence that holder must keep a register (an
"incident register" ) in a manner and form approved by the Commissioner containing particulars of any of the following incidents that occur while the class 1 licensee is performing his or her duties:

(a) in relation to a class 1A, 1B, 1C, 1D or 1F licensee--the licensee makes forcible physical contact with, or physically restrains, a member of the public,

(b) in relation to a class 1C licensee--the licensee ejects a member of the public from the premises or site concerned,

(c) in relation to a class 1D licensee--the licensee's dog attacks a person,

(d) in relation to a class 1F 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),

(e) in relation to a class 1F licensee-the licensee discharges a firearm,

(f) any other type of incident required by the Commissioner to be recorded in the incident register by written notice given to the holder of the master licence or to holders of master licences generally by a notice placed on the website maintained by the Security Licensing and Enforcement Directorate within the NSW Police Force.

(2) The holder of the master licence must record or cause to be recorded the particulars of any incident as soon as practicable after the incident occurs and before any class 1 licensee involved in the incident completes the shift during which the incident occurred.

(3) The incident register must be kept:

(a) at any premises at which the holder provides class 1 licensees to carry out security services on a recurrent basis (other than mobile patrol and cash in transit services), and

(b) in the case of mobile patrol and cash in transit services and other security services which are not carried out on particular premises on a recurrent basis--at the place of business at which the holder of the master licence's records are kept, and

(c) at any premises at which the holder is providing 3 or more class 1 licensees at any one time to carry out security services (other than mobile patrol and cash in transit services).

(4) It is a condition of a master licence that, if a class 1F licensee employed by the holder of the master licence discharges a firearm, the holder must, within 24 hours after the discharge, give the Firearms Registry of the NSW Police Force written notice of the particulars of the incident as recorded in the incident register under this clause.

(6) Each record of an incident required to be recorded in the incident register under this clause must be kept in the incident register for at least 3 years.

(7) The requirement to keep a register under this clause is in addition to the requirement under clause 36 to keep records.