Private security industry news

The Register of Licence, Registration and Permit Holders is a public register of persons and businesses licensed and/or registered to carry out activities under the Private Security Act 2004, (the Act).

Previously, licences/registrations pending renewal would display on the register with a lapsed expiry date. This led to some uncertainty within the industry in relation to the validity of a licence/registration that was pending renewal.

Changes have now been made to reduce ambiguity. Whereby, a private security licence/registration remains current beyond its expiry date. The licence/registration will be displayed on the register as “current, pending renewal”. By providing clear indication that a licence/registration remains in effect, this change aims to instil confidence in those utilising the register.

As provided under sections 36(4) and 92(4) of the Act, if a renewal application has been submitted, a licence/registration continues to remain current beyond expiry, until the Chief Commission makes a decision in relation to the application. In such instances, the licence/registration will continue to remain on the register beyond the expiry date.

The Licensing and Regulation Division (LRD) currently sends out renewal applications to licence holders eight weeks prior to the licence’s expiry date. LRD intends to extend this eight week period to 12 weeks in January and February 2022. This will enable a licence holder to submit their renewal application and have it successfully assessed by LRD within the three to four week processing time frame from the date of receipt before the licence expires.

Recent analysis highlights that the majority of renewal applications are being received in the last seven days of the current licence validity period. This hinders LRDs ability to process and issue a new licence to licence holders before the expiry date.

The leading cause of licences expiring inadvertently is that licence holders are not notifying LRD of a change of address and as a result the following is occurring:

• Private Security – a new licence application is required, which prohibits the licence holder from working until the new licence is issued.

While the Private Security Act 2004 allow for licences to remain current beyond the expiry date if the renewal application is being processed, an inability to produce a current plastic licence is often frustrating for private security licence holders.

To ensure that a renewal application is processed before the expiry date LRD recommends the following:

• Licence holders keep their address details up to date with LRD. Information on how to update details can be found here. Please note that it is an offence not to notify LRD of any change of address.
• Licence holders lodge their renewal applications as soon as possible.

In response to the Licensing and Regulation Division (LRD) system requirements, licence numbers for new applicants are changing. This change is reflected in the introduction of an alpha character now being the first character of a licence number. To avoid any confusion with our licence categories, the new licence number format will commence with a ‘Z’. The licence number for new applicants will appear as follows, Licence Number: Z99999.

Both business and individual licence holders working in the Private Security industry should familiarise themselves with recent changes to Industrial Relations (IR) legislation in Victoria.

For further information regarding how these changes may affect you or your business, please refer to the below:

Portable Long Service Authority

If you are a business who employs workers to do security work as defined by the Private Security Act 2004, must comply with the legislation by:

• Registering with the Portable Long Service Authority.
• Submitting Quarterly Returns to the Portable Long Service Authority.
• Visiting the Portable Long Service Security Industry website for more information.

Labour Hire Authority

The Labour Hire Licensing Authority is responsible for implementing the Labour Hire Licensing Act 2018. The Act introduces a licensing scheme for providers of labour hire across all industry sectors.

Please visit the Labour Hire Authority website for more information.

The Licensing and Regulation Division (LRD) has been made aware that some private security licence and/or registration holders are using and/or displaying a badge that resembles the Victoria Police crest.

The State of Victoria, through Victoria Police, is the registered trade mark owner of the Victoria Police crest and, as such, has exclusive rights to its use under trade mark laws. Victoria Police does not authorise the use of the Victoria Police crest by private security licence and/or registration holders. The unauthorised use of the Victoria Police crest, or any crest that is deceptively similar to the Victoria Police crest, may constitute a breach of the registered trade mark and may result in Victoria Police taking legal action.

Private security licence and/or registration holders may also be committing offences by using the crest without authorisation from Victoria Police. Section 255 of the Victoria Police Act 2013, makes it an offence to manufacture, possess, use or supply Victoria Police identification or Victoria Police equipment. This offence carries:

• a maximum penalty of 120 penalty points or;
• imprisonment for 1 year or;
• both for an individual and 600 penalty units for a body corporate.

Section 256 of the Victoria Police Act also makes it an offence for a person to hold himself or herself out to be a police officer. This offence also carries:

• a maximum penalty of 120 penalty units or;
• imprisonment for 1 year or both.

If a private security licence and/or registration holder uses a badge which resembles the Victoria Police crest or a badge deceptively similar to that, they may be committing an offence outlined above and they may be charged by Victoria Police.

Victoria Police strongly encourage private security licence and/or registration holders not to use, carry or display these badges to avoid affecting Victoria Police operations, being charged, or having legal action taken against them.

If individuals or companies are currently in possession of these badges they are encouraged to destroy them or alternatively, return them to a police station or to the LRD.

Thank you for your cooperation in this matter. Should you have any questions please email lrd@police.vic.gov.au.

The extended transition period for the training packages detailed below expired 29 March 2021:

• CPP30607 Certificate III in Investigative Services
• CPP40707 Certificate IV in Security and Risk Management

For further information regarding the currency of qualification certificates, see: Currency of training qualifications

Effective 7 June 2021, the training requirements for Security Guard - Control Room Operator and/or Monitoring Centre Operator have been adjusted as follows:

• Monitoring Centre Operator: Nil qualification requirements
• Control Room Operator: CPP20218 Certificate II in Security Operations

Effective 22 March 2021, the Licensing and Regulation Division will accept the following qualifications:

• CPP30619 Certificate III in Investigative Services
• CPP40719 Certificate IV in Security Management.

For a list of competencies see: Competencies for licensing activities

All active trainers must update their security certificates to the required qualification, with the relevant competencies as follows:

• CPP20218 Certificate II in Security Operations (Unarmed guard and crowd control) by 1 January 2021
• CPP31318 Certificate III in Security Operations (Armed guard and cash-in-transit) by 1 July 2021
• CPP31418 Certificate III in Close Protection Operations by 1 August 2021
• CPP30619 Certificate III in Investigative Services (Investigator) by 30 November 2021

On the 1 July 2021, the Licensing and Regulation Division (LRD) will cease the practice of issuing a paper certificate certifying the existence of a private security business licence or registration.

Why the change?

The issuing of plastic licence and registration cards complies with the Private Security Act 2004 (the Act), section 40 and section 96, requirements to validate a private security business without the additional paper certificate. Additionally, details of current private security business licence and registration holders are recorded on the Victoria Police public register, found here, and used by potential clients to verify licence holders.

Private security business licence and registration holders must conspicuously display a copy of the licence or registration document at each premises from which the business is carried on, pursuant to section 133 of the Act. Private security businesses can comply with this requirement by displaying a copy of their valid plastic licence / registration card.

LRD acknowledges there is some importance placed on paper certificates within the private security industry, however as it is not a legal document, it will no longer be issued.

There will be further communication about this in the coming days on the Victoria Police website and payment notices will also include a notice letter regarding changes.