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Legislative Assembly for the ACT: 2002 Week 14 Hansard (12 December) . . Page.. 4367 ..

MR STANHOPE (continuing):

to impose mandatory training;

to clarify the provisions for dealing with breaches of standards; and

to prevent persons from commencing employment prior to the outcome of a criminal record check.

Parts 1 and 2 of the bill deal with preliminary matters and also provide definitions of key terms for the bill. The term "security activity"is defined in clause 7 and it sets out the activities that will be regulated by the bill. The term "security activity"includes: bodyguards, crowd controllers, guards, installers and repairers of security equipment, people who give advice on security or security equipment, people who train in any of these sectors of the industry, or people who employ people to provide these services.

Part 2 of the bill exempts people who sell self-install security systems, people who cut unrestricted keys, and builders who install locks. The bill excludes these people from requiring licensing and regulation as part of the security industry as these people do not have the same free access to enter private premises or to confidential information and do not directly protect people or property.

Part 3 of the bill provides for licensing of employers, employees, trainers and apprentices in the security industry. The Commissioner for Fair Trading will continue licensing this industry. Part 3 of the bill also deals with disciplinary action. The bill gives the power to the consumer and trader tribunal to cancel or suspend licences in certain circumstances, such as where a licensee has committed an offence. A bill to establish the consumer and trader tribunal will be introduced in the Legislative Assembly in early 2003.

Part 4 of the bill sets out offences. There are offences for:

contravening the conditions of a licence;

failure to return a suspended or cancelled licence;

unlicensed people advertising that they can perform a security activity;

failing to produce a licence when asked by a police officer or an investigator;

employees failing to wear their licence;

giving the licence to someone else to use;

delegating the functions under a licence to someone who is unlicensed; and

master licensees employing unlicensed people.

Part 5 of the bill deals with a range of miscellaneous matters, including requiring the Commissioner for Fair Trading to keep a register of licences and allowing me to direct security employers as to the taking out of insurance or risk management strategies.

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