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Increased disqualifying offences and expanded definition of prohibited persons

On 4 July 2011, revised legislation will come into effect that changes the definition of a 'prohibited person' and increases the range of offences that 'disqualify' someone from holding a private security licence (individual or business).

In summary, the revised range of disqualifying offences now includes:

• trafficking in drugs of dependence
• narcotic plant cultivation (commercial quantity)
• assault or violence against the person
• dishonesty or theft
• controlled or prohibited weapons offences
• firearms offences
• robbery and armed robbery
• terrorism.

These changes will be introduced across Australia to enhance the reputation and integrity of the private security industry.

Key resources

1. Revised schedule of disqualifying offences for private security licences (PDF, 473KB, 64 pages)
2. New section of the Private Security Amendment Act 2010 re-defining 'disqualifying offences' and 'prohibited person' (PDF, 146KB, 1 page).
3. Complete copy of the Private Security Amendment Act 2010

Who does the legislation apply to?

From 4 July 2011, the revised legislation will apply to all persons who fall within the new definition of 'prohibited person' who:

• Currently hold a private security licence (regardless of whether the licence holder is, or has previously been, subject to a disciplinary inquiry under the Private Security Act 2004); OR,
• Are lodging an application for a private security licence.

Please note: These do not apply to private security 'registrations' (whether individual or business).

What is a 'prohibited person'?

Someone who:

• Was found guilty and convicted within the past 10 years of any of the following categories of offences: trafficking in a drug of dependence, cultivation of narcotic plants (commercial quantity), robbery, armed robbery or terrorism. OR
• Was found guilty without conviction (by a court) within the past 5 years of any of the following categories of offences: trafficking in a drug of dependence, cultivation of narcotic plants (commercial quantity), robbery, armed robbery or terrorism. OR
• Was found guilty and convicted within the past 10 years of any of the following categories of offences: assault or violence against a person, theft or dishonesty, firearms, weapons; and, received a fine of 5 or more penalty units (PDF, 7KB, 1 page) or a custodial penalty (PDF, 106KB, 1 page) OR
• Was found guilty without conviction within the past 5 years of any of the following categories of offences: assault or violence against a person, theft or dishonesty, firearms, weapons; and, received a fine of 5 or more penalty units (PDF, 7KB, 1 page) or a custodial penalty (PDF, 106KB, 1 page).

Further information

Any enquiries regarding the disqualification process should be emailed to licensingregulation@police.vic.gov.au

Licensing & Regulation Division is unable to provide licence holders with personal criminal history details either in person, over the phone or via email. Applications for personal criminal history records can be made to the Victoria Police Freedom of Information (FOI) Unit. For more details about how to make an FOI request, visit the Victoria Police FOI Unit webpage Licence holders may also obtain details of their criminal history by undertaking a National Police records check. For more details, visit the Victoria Police National Records Check webpage.