Page 453 - Week 01 - Thursday, 16 February 2012
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security firms using dogs for patrolling public places is set out in the Security Industry Act 2003.
This Act states that it is an offence to carry out a security activity without a licence to do so. Licences are issued by the Commissioner for Fair Trading in accordance with the eligibility criteria set out in the legislation.
Pursuant to section 7 of the Act, guarding premises with dogs, and the monitoring of security devices such as thermal imaging and covert mobile video surveillance units, fall within the definition of a ‘security activity’ provided it is done as part of a business or a person’s employment as a guard or security officer. Those seeking to carry out such activities must hold a licence as required by the Act.
In addition, those installing, maintaining, repairing or servicing security equipment of the sort mentioned above will be considered to be conducting a security activity for the purposes of the Act, and be required to hold a licence to carry out these activities.
To carry out these security measures, an individual would be required to hold an “employee licence”, while their employer would be required to hold a “master licence”.
The Security Industry Regulation 2003 sets the qualification requirements for the guard using dogs being a Certificate II in Security Operations, with electives about—
• control and accesses to and exit from premises; and
• operating basic security equipment; and
• patrolling premises; and
• managing dogs for security functions; and
• handling dogs for security patrol.
Those who held an employee licence under the previous statutory regime are able to apply to vary their licence to permit them to guard with a dog, without formal training. If, within two years of the commencement of the current statutory framework, an individual with an employee licence under the previous statutory framework, who used this licence to guard with a dog, applies to have their licence under the current framework varied to allow them to guard with a dog, they will be taken to have obtained experience that is equivalent to satisfactory completion of a training course prescribed by regulation.
Like all other animals, dogs are protected by the Animal Welfare Act 1992. This includes preventing people from causing the dogs unnecessary pain, committing an act of cruelty against them or using them for a purpose for which they are unfit.
If the dog has been trained as a guard dog, the Registrar for Domestic Animals must declare that a dog is a “dangerous animal” under the Domestic Animals Act 2000. In view of the risk to the community posed by dangerous animals, it is a requirement under the Act that individuals who own these animals must have a licence to do so.
Private firms using virtual security devices may also be subject to the application of Privacy Act 1988 and the National Privacy Principles under the Act. The Principles will apply to the firm if:
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