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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Private Security Amendment Bill 2010
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Definitions 2
5 Offence to carry on the business of providing certain private
security services without a private security business licence 7
6 Holding out offence--private security business licence 7
7 Offence to carry on certain activities without a private security
individual operator licence 8
8 Holding out offence--private security individual operator
licence 9
9 New section 13 substituted 9
13 Definitions 9
10 Grant of private security business licence 12
11 Grant of private security individual operator licence 13
12 Additional particular requirements for licence applications 13
13 Particular powers of Chief Commissioner relating to
fingerprinting 15
14 Circumstances in which the Chief Commissioner must refuse
to grant a private security individual operator licence 15
15 Circumstances in which the Chief Commissioner must refuse
to grant a private security business licence 15
16 New section 29A inserted 15
29A Refusal of private security licence on grounds of
protected information 15
17 Section 38 amended 17
18 Immediate cancellation of private security licence 17
19 Court may cancel or suspend licence 18
20 Procedure for applications for permits 18
21 Registered address 18
22 Review by VCAT 18
23 New sections 150A to 150E inserted 18
150A VCAT must ask Chief Commissioner about protected
information on receiving certain applications for
review 18
150B Appointment of special counsel if review involves
protected information 19
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Clause Page
150C Hearing where protected information involved 20
150D Decision where protected information is involved 21
150E General provisions for hearing matters involving
protected information 23
24 Chief Commissioner may approve training requirements etc. 23
25 Requirement to notify Chief Commissioner of criminal
charges 24
26 Repeal of amending Act 24
ENDNOTES 25
561400B.I-29/7/2010 ii BILL LA INTRODUCTION 29/7/2010
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Private Security Amendment Bill 2010
A Bill for an Act to amend the Private Security Act 2004 and for
other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Private
Security Act 2004 to implement a nationally
consistent approach to the regulation of the private
5 security industry.
2 Commencement
(1) This Act comes into operation on a day or days to
be proclaimed.
(2) If a provision of this Act does not come into
10 operation before 4 July 2011, it comes into
operation on that day.
561400B.I-29/7/2010 1 BILL LA INTRODUCTION 29/7/2010
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s. 3
3 Principal Act
See: In this Act, the Private Security Act 2004 is
Act No.
33/2004. called the Principal Act.
Reprint No. 1
as at
26 September
2007
and
amending
Act Nos
4/2008,
13/2008,
1/2010 and
6/2010.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
5 In section 3 of the Principal Act--
(a) in paragraph (d) of the definition of class A
security activity, after "guard;" insert "or";
(b) after paragraph (d) of the definition of
class A security activity insert--
10 "(e) acting as a private security trainer;";
(c) in paragraph (a) of the definition of officer,
for "section 82A" substitute "section 83";
(d) in the definition of private security business
licence, after "14" insert "(1)";
15 (e) in the definition of private security
individual operator licence, after "15"
insert "(1)";
(f) for the definition of security guard
substitute--
20 "security guard means a person who is
employed or retained to protect, watch
or guard any property by any means,
which may involve one or more of the
following--
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s. 4
(a) the protecting, guarding or
watching of any property by
patrolling the property in person--
(i) while exercising control over
5 a dog; or
(ii) while armed with a firearm;
or
(iii) while unarmed; or
(iv) being the collecting,
10 transferring or delivering
cash or other valuables while
armed with a firearm;
(b) the protecting, guarding or
watching of any property by
15 monitoring the property by
operating a security system that
utilises closed circuit television, a
closed monitoring system, radio or
other similar device--
20 (i) where the person may be
requested to attend an
activity; or
(ii) where the person cannot or
does not attend an activity;";
25 (g) in the definition of specified identification
method, for "Transactions" substitute
"Transaction";
(h) in the definition of trustee company for
"1984." substitute "1984;";
30 (i) insert the following definitions--
"armed guard means a security guard to
whom paragraph (a)(ii) of the definition
of security guard applies;
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s. 4
cash-in-transit guard means a security
guard to whom paragraph (a)(iv) of the
definition of security guard applies;
control room operator means a security
5 guard to whom paragraph (b)(i) of the
definition of security guard applies;
guard with a dog means a security guard to
whom paragraph (a)(i) of the definition
of security guard applies;
10 monitoring centre operator means a security
guard to whom paragraph (b)(ii) of the
definition of security guard applies;
private security business (security guard)
licence means a private security
15 business licence that authorises the
holder to carry on the business of
providing the services of persons to
carry on the activity of acting as a
security guard;
20 private security trainer means--
(a) a person engaged by a registered
education and training
organisation to provide or assess
private security training; or
25 (b) a registered education and training
organisation that provides or
assesses private security training;
private security training means--
(a) training as an investigator, a
30 bodyguard, a crowd controller or a
security guard; or
(b) training required for any other
licensable activity, as determined
by the Chief Commissioner;
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s. 4
protected information means any
intelligence information, document or
thing the production or inspection of
which--
5 (a) is likely to--
(i) reveal the identity of the
member of the police force
who provided information on
the basis of which a decision
10 of the Chief Commissioner
not to issue or to cancel a
private security licence was
made, or put that member's
safety at risk; or
15 (ii) reveal the identity of a
person who has provided a
member of the police force
with information on the basis
of which a decision of the
20 Chief Commissioner not to
issue or to cancel a private
security licence was made, or
put that person's safety at
risk; or
25 (iii) reveal the identity of a
person whose name appears
in any evidence given or
information provided to a
member of the police force
30 relating to an investigation,
or put that person's safety at
risk; or
(iv) reveal the identity of a
person who is or has been
35 the subject of an
investigation by a member of
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s. 4
the police force, or put that
person's safety at risk; or
(b) places at risk an ongoing
investigation by a member of the
5 police force; or
(c) risks the disclosure of any
investigative method used by
members of the police force; or
(d) is otherwise not in the public
10 interest;
registered education and training
organisation has the same meaning as
in the Education and Training
Reform Act 2006;
15 special counsel means a person appointed
under section 150B(1);
specified security guard activity means any
one of the following activities--
(a) acting as an armed guard;
20 (b) acting as an unarmed guard;
(c) acting as a guard with a dog;
(d) acting as a cash-in-transit guard;
(e) acting as a control room operator;
(f) acting as a monitoring centre
25 operator;
unarmed guard means a security guard to
whom paragraph (a)(iii) of the
definition of security guard applies.".
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s. 5
5 Offence to carry on the business of providing certain
private security services without a private security
business licence
(1) In section 5 of the Principal Act--
5 (a) in paragraph (d), for "guard--" substitute
"guard; or";
(b) after paragraph (d) insert--
"(e) acting as a private security trainer--".
(2) At the end of section 5 of the Principal Act
10 insert--
"(2) A person must not under a private security
business licence provide the services of
persons to carry on any specified security
guard activity unless the licence is a private
15 security business (security guard) licence
that authorises the person to provide the
services of persons to carry on that activity.
Penalty: 120 penalty units in the case of a
natural person;
20 240 penalty units in the case of a
body corporate.".
6 Holding out offence--private security business
licence
(1) In section 6 of the Principal Act--
25 (a) in paragraph (d), for "guard--" substitute
"guard; or";
(b) after paragraph (d) insert--
"(e) acting as a private security trainer--".
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s. 7
(2) At the end of section 6 of the Principal Act
insert--
"(2) A person must not in any way indicate that
the person carries on or is willing to carry on
5 the business of providing the services of
persons to carry out any specified security
guard activity unless the person is the holder
of a private security business (security
guard) licence that authorises the person to
10 provide the services of persons to carry on
that activity.
Penalty: 120 penalty units in the case of a
natural person;
240 penalty units in the case of a
15 body corporate.".
7 Offence to carry on certain activities without a
private security individual operator licence
(1) In section 7 of the Principal Act--
(a) in paragraph (d), for "guard--" substitute
20 "guard; or";
(b) after paragraph (d) insert--
"(e) acting as a private security trainer--".
(2) At the end of section 7 of the Principal Act
insert--
25 "(2) A person must not under a private security
individual operator licence carry on any
specified security guard activity unless that
licence authorises the person to carry on that
activity.
30 Penalty: 120 penalty units.".
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s. 8
8 Holding out offence--private security individual
operator licence
(1) In section 8 of the Principal Act--
(a) in paragraph (d), for "guard--" substitute
5 "guard; or";
(b) after paragraph (d) insert--
"(e) acting as a private security trainer--".
(2) At the end of section 8 of the Principal Act
insert--
10 "(2) A person must not in any way indicate that
the person carries on or is willing to carry on
any specified security guard activity unless
the person is the holder of a private security
individual operator licence that authorises
15 the person to carry on that activity.
Penalty: 120 penalty units.".
9 New section 13 substituted
For section 13 of the Principal Act substitute--
"13 Definitions
20 (1) In this Part--
disqualifying offence means any offence--
(a) against Part 5 of the Drugs,
Poisons and Controlled
Substances Act 1981 involving--
25 (i) trafficking in a drug of
dependence; or
(ii) cultivation of narcotic plants
in any commercial
quantity--
30 within the meaning of that Act;
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s. 9
(b) committed outside Victoria that
would, if it were committed in
Victoria, be an offence against
Part 5 of the Drugs, Poisons and
5 Controlled Substances Act 1981
involving--
(i) trafficking in a drug of
dependence; or
(ii) cultivation of narcotic plants
10 in any commercial
quantity--
within the meaning of that Act;
(c) involving assault or violence
against the person;
15 (d) involving dishonesty or theft;
(e) against the Control of Weapons
Act 1990, involving a controlled
weapon or a prohibited weapon
within the meaning of that Act;
20 (f) committed outside Victoria that
would, if it were committed in
Victoria, be an offence involving a
controlled weapon or a prohibited
weapon within the meaning of the
25 Control of Weapons Act 1990;
(g) involving a firearm within the
meaning of the Firearms Act
1996;
(h) against section 75 or 75A of the
30 Crimes Act 1958 or an equivalent
provision in another State or a
Territory;
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s. 9
(i) against Part 5.3 of the Criminal
Code of the Commonwealth;
(j) against the Terrorism
(Community Protection) Act
5 2003;
(k) committed outside Victoria that
would, if it were committed in
Victoria, be an offence against the
Terrorism (Community
10 Protection) Act 2003.
(2) Subject to subsection (3), in this Part
prohibited person means--
(a) a person in relation to whom not more
than 10 years have expired since that
15 person was convicted of a disqualifying
offence; or
(b) a person in relation to whom not more
than 5 years have expired since that
person has been found guilty of a
20 disqualifying offence without a
conviction being recorded.
(3) A person is not a prohibited person merely
because that person was, in respect of an
offence referred to in paragraph (c), (d), (e),
25 (f) or (g) of the definition of disqualifying
offence, convicted of a disqualifying offence
or found guilty of a disqualifying offence
without a conviction being recorded, and one
of the following applies--
30 (a) no penalty was imposed; or
(b) the penalty imposed was a fine of less
than the equivalent of 5 penalty units;
or
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s. 10
(c) a penalty other than a fine or a custodial
penalty was imposed.
(4) In this section, custodial penalty includes
being in government custody within the
5 meaning of the Sex Offenders Registration
Act 2004.".
10 Grant of private security business licence
(1) In section 14(1) of the Principal Act--
(a) in paragraph (d), for "guard." substitute
10 "guard; or";
(b) after paragraph (d) insert--
"(e) acting as a private security trainer.".
(2) After section 14(2) of the Principal Act insert--
"(3) Without limiting subsection (2), in granting a
15 private security business (security guard)
licence under subsection (1)(d), the Chief
Commissioner may specify that the holder of
the licence is authorised to carry on any one
or more of the activities specified in the
20 following paragraphs--
(a) acting as an armed guard;
(b) acting as an unarmed guard;
(c) acting as a guard with a dog;
(d) acting as a cash-in-transit guard;
25 (e) acting as a control room operator;
(f) acting as a monitoring centre
operator.".
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s. 11
11 Grant of private security individual operator licence
(1) In section 15(1) of the Principal Act--
(a) in paragraph (d), for "guard." substitute
"guard; or";
5 (b) after paragraph (d) insert--
"(e) acting as a private security trainer.".
(2) After section 15(2) of the Principal Act insert--
"(3) Without limiting subsection (2), in granting a
licence under subsection (1)(d), the Chief
10 Commissioner may specify that the holder of
the licence is authorised to carry on any one
or more of the activities specified in the
following paragraphs--
(a) acting as an armed guard;
15 (b) acting as an unarmed guard;
(c) acting as a guard with a dog;
(d) acting as a cash-in-transit guard;
(e) acting as a control room operator;
(f) acting as a monitoring centre
20 operator.".
12 Additional particular requirements for licence
applications
(1) In section 17 of the Principal Act--
(a) for subsection (1)(a) substitute--
25 "(a) proof of identity of the applicant,
being--
(i) a full set of fingerprints; and
(ii) if the Chief Commissioner so
requires, proof by way of the
30 specified identification method;
and";
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(b) in subsection (2)--
(i) for paragraph (a)(i) substitute--
"(i) proof of identity of the applicant,
being--
5 (A) a full set of fingerprints; and
(B) if the Chief Commissioner so
requires, proof by way of the
specified identification
method; and";
10 (ii) for paragraph (b)(ii) substitute--
"(ii) in the case of a person referred to
in subparagraph (i)(A) or (B), a
full set of fingerprints; and
(iia) in the case of a person referred to
15 in subparagraph (i)(C), a full set
of fingerprints, if the Chief
Commissioner so requires; and
(iib) proof of identity of each person
named in the statement by way of
20 the specified identification
method, if the Chief
Commissioner so requires; and".
(2) After section 17(2) of the Principal Act insert--
"(3) The Chief Commissioner must destroy or
25 cause to be destroyed any fingerprints
provided under this section and any record,
copy or photograph of them as soon as the
Chief Commissioner has no further use for
them.
30 (4) For the purposes of subsection (3), the Chief
Commissioner is to be considered to have no
further use for fingerprints when--
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s. 13
(a) they were obtained in connection with
an application for a private security
licence and the application is refused;
or
5 (b) the private security licence with which
they were obtained is cancelled or not
renewed.".
13 Particular powers of Chief Commissioner relating to
fingerprinting
10 Section 22 of the Principal Act is repealed.
14 Circumstances in which the Chief Commissioner
must refuse to grant a private security individual
operator licence
In section 25(2)(e)(i) and (ii) and (f)(i) of the
15 Principal Act, for "a particular indictable"
substitute "any".
15 Circumstances in which the Chief Commissioner
must refuse to grant a private security business
licence
20 In section 26 of the Principal Act--
(a) in subsection (2)(e)(i) and (ii) and (f)(i), for
"a particular indictable" substitute "any";
(b) in subsection (4), for "in relation to an
application" substitute "in relation to the
25 application".
16 New section 29A inserted
After section 29 of the Principal Act insert--
"29A Refusal of private security licence on
grounds of protected information
30 (1) If the Chief Commissioner makes a decision
not to grant a licence under section 25(1)(a)
or 26(1)(a) wholly or partly on the basis of
protected information, to the extent that the
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s. 16
Chief Commissioner's reasons for that
decision relate to that protected
information--
(a) sections 27, 28 and 29 do not apply;
5 and
(b) the applicant is not entitled to be
provided with those reasons.
(2) If a person is not entitled to some or all of
the reasons for a decision under subsection
10 (1), the Chief Commissioner must--
(a) notify the applicant that the application
has been denied because the applicant
or each relevant person in relation to
the application has failed to meet the
15 probity requirements; and
(b) create a written record of the reasons;
and
(c) inform the applicant that--
(i) the Chief Commissioner has
20 created a written record of those
reasons; and
(ii) those reasons are not able to be
disclosed to the applicant; and
(iii) he or she is entitled to seek review
25 of the Chief Commissioner's
decision by VCAT; and
(d) if the applicant seeks review of the
decision by VCAT, provide VCAT
with those reasons.
30 (3) In this section, relevant person in relation to
the application has the same meaning as in
section 26.
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s. 17
(4) Section 8 of the Administrative Law Act
1978 does not apply to a decision to which
this section applies.".
17 Section 38 amended
5 (1) In the heading to section 38 of the Principal Act,
after "Sections" insert "17 and".
(2) In section 38 of the Principal Act, after "Sections"
insert "17 and".
18 Immediate cancellation of private security licence
10 (1) After section 47(1)(a) of the Principal Act
insert--
"(ab) a close associate of the holder of a private
security licence; or".
(2) After section 47(1) of the Principal Act insert--
15 "(1A) Immediately upon becoming aware, on the
basis of protected information, that the
holder of a private security individual
operator licence does not meet the
requirements set out in section 25(2), the
20 Chief Commissioner must cancel the licence.
(1B) Immediately upon becoming aware, on the
basis of protected information, that a relevant
person in relation to a private security
business licence does not meet the
25 requirements set out in section 26(2), the
Chief Commissioner must cancel the
licence.".
(3) After section 47(2) of the Principal Act insert--
"(3) In this section relevant person in relation to
30 a private security business licence means--
(a) in the case of a private security
business licence held by a natural
person, the holder of the licence and
any close associate of the holder;
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s. 19
(b) in the case of a private security
business licence held by a body
corporate, each of the following--
(i) the nominated person for the body
5 corporate;
(ii) any officer of the body corporate;
(iii) any close associate of the body
corporate.".
19 Court may cancel or suspend licence
10 In section 61(a)(i) of the Principal Act, for
"a particular indictable" substitute "any".
20 Procedure for applications for permits
In section 68(5) of the Principal Act, for "22(3)
and (4)" substitute "17(3) and (4)".
15 21 Registered address
In section 129(4) of the Principal Act, for
"subsection (1)" substitute "subsection (3)".
22 Review by VCAT
After section 150(1)(e) of the Principal Act
20 insert--
"(ea) a decision of the Chief Commissioner to
cancel a private security licence under
section 47(1A) or (1B); or"
23 New sections 150A to 150E inserted
25 After section 150 of the Principal Act insert--
"150A VCAT must ask Chief Commissioner
about protected information on receiving
certain applications for review
If VCAT receives an application for review
30 under section 150(1)(a), (c) or (ea), VCAT
must ask the Chief Commissioner whether
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s. 23
the grounds for the refusal or cancellation
were based on any protected information.
150B Appointment of special counsel if review
involves protected information
5 (1) If, in response to a request under
section 150A, the Chief Commissioner
informs VCAT in writing that the decision
was based on protected information, VCAT
must appoint a special counsel to represent
10 the interests of the applicant.
(2) A special counsel must be a barrister within
the meaning of the Legal Profession Act
2004 who, in the opinion of VCAT, has the
appropriate skills and ability to represent the
15 interests of the party at the hearing.
(3) At any time before the special counsel
attends the hearing or obtains any
confidential affidavit in relation to the
application, the special counsel may
20 communicate with the party whose interests
he or she is representing, or any
representative of that party, for the purpose
of obtaining information or instructions from
the party or representative in relation to the
25 proceeding.
(4) Subject to section 150D(3)(b), at any time
after the special counsel commences to
attend the hearing or obtains any confidential
affidavit in relation to the application, the
30 special counsel--
(a) must not take instructions from the
party whose interests he or she is
representing, or from any representative
of that party; and
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(b) must not communicate any other
information in relation to the hearing to
that party or a representative of that
party without leave of VCAT, except to
5 communicate any order made by
VCAT at or in relation to the hearing.
(5) A special counsel may be required to sign a
confidentiality undertaking to VCAT.
150C Hearing where protected information
10 involved
(1) If, in response to a request under
section 150A, the Chief Commissioner
informs VCAT in writing that the decision
was based on protected information, VCAT
15 must at the hearing of the application first
determine whether or not the information is
protected information.
(2) For the purposes of making a determination
under subsection (1), VCAT may determine
20 that a hearing or any part of it be held in
private.
(3) The following provisions apply to a closed
session under subsection (2)--
(a) only the Chief Commissioner and the
25 special counsel are entitled to be
present; and
(b) each party that is entitled to be present
has a right to make submissions as to--
(i) whether evidence supporting the
30 grounds for refusal or cancellation
amounts to protected information;
(ii) the weight that should be given to
that evidence;
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(iii) the character of the applicant,
being evidence indicating whether
the applicant is a fit and proper
person to hold a private security
5 licence;
(iv) whether, in all the circumstances,
the licence should be granted to
the applicant.
(4) After hearing the evidence of the Chief
10 Commissioner and the special counsel under
subsection (3), VCAT must decide whether
or not any of the evidence adduced amounts
to protected information.
(5) If VCAT decides that none of the evidence
15 adduced under subsection (3) amounts to
protected information, VCAT must admit the
applicant to the proceeding and the
provisions of subsection (3) cease to apply to
the conduct of the hearing.
20 150D Decision where protected information is
involved
(1) Without limiting any other power of VCAT
conferred by or under this or any other Act,
if VCAT decides that any of the evidence
25 adduced under section 150C(3) is protected
information, the provisions of that subsection
continue to apply to the hearing of the
proceeding to the extent that it relates to that
protected information.
30 (2) In making a determination in a proceeding to
which subsection (1) applies, VCAT must
decide--
(a) what weight to give the protected
information and any other evidence
35 adduced; and
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(b) whether, in all the circumstances, the
licence should be granted to the
applicant or reinstated (as the case may
be).
5 (3) If VCAT decides that any of the evidence
adduced under section 150C(3) forms
protected information--
(a) VCAT must take all steps and
precautions to prevent release of that
10 information; and
(b) if the special counsel wishes to seek
further instructions from the applicant
on one or more occasions in relation to
that protected information, the special
15 counsel may do so only by submitting
written questions for the approval of
VCAT after hearing any submissions
from the Chief Commissioner on their
content.
20 (4) Despite section 117 of the Victorian Civil
and Administrative Tribunal Act 1998,
any order issued by VCAT in relation to a
decision under this section must only state--
(a) whether the decision of the Chief
25 Commissioner is upheld or overturned;
and
(b) if the licence is not granted or not
reinstated (as the case may be), that the
applicant or each relevant person in
30 relation to the application has failed to
meet the probity requirements.
(5) For the avoidance of doubt, VCAT may
publish reasons for its decision to the extent
that those reasons do not relate to protected
35 information.
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150E General provisions for hearing matters
involving protected information
(1) For the purposes of a hearing to which
section 150C or 150D applies, VCAT must
5 be constituted by a presidential member.
(2) At any time before a final determination has
been made by VCAT on a matter to which
section 150C or 150D applies--
(a) the Chief Commissioner may change
10 the Chief Commissioner's decision and
grant the licence; and
(b) if the licence is granted or reinstated
(as the case may be), the proceeding
terminates immediately.
15 (3) The following provisions do not apply to a
proceeding for so long as section 150C
or 150D applies--
(a) Subdivision 1 of Division 3 of Part 3
and sections 49 and 101 of the
20 Victorian Civil and Administrative
Tribunal Act 1998;
(b) section 8 of the Administrative Law
Act 1978.
(4) For the avoidance of doubt, subsection (3)
25 does not apply to any extent that the
proceedings do not involve protected
information.".
24 Chief Commissioner may approve training
requirements etc.
30 In section 172 of the Principal Act--
(a) subsection (1)(b) is repealed;
(b) in subsection (2), after "vary" insert
", suspend".
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Private Security Amendment Bill 2010
s. 25
25 Requirement to notify Chief Commissioner of
criminal charges
In section 176(1) of the Principal Act, for
"a particular indictable" substitute "any".
5 26 Repeal of amending Act
This Act is repealed on 4 July 2012.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
10 Interpretation of Legislation Act 1984).
561400B.I-29/7/2010 24 BILL LA INTRODUCTION 29/7/2010
Private Security Amendment Bill 2010
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561400B.I-29/7/2010 25 BILL LA INTRODUCTION 29/7/2010
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