{"id":"F2023L01327","name":"Defence (Contracted defence security guard—training and qualification requirements) Determination 2023","slug":"defence-contracted-defence-security-guard-training-and-qualification-requirements-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442115,"registerId":"F2023L01327-fast-fetch-1775957214927","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Contracted defence security guard—training and qualification requirements) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence (Contracted defence security guard—training and qualification requirements) Determination 2023\n\nI, Matt Thistlethwaite, Assistant Minister for Defence, Parliamentary Secretary to the Minister for Defence, make the following determination.\n\nDated 27 September 2023   \n\nMatt Thistlethwaite\n\nAssistant Minister for Defence\n\nParliamentary Secretary to the Minister for Defence\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Training and qualification requirements\n\nSchedule 1—Repeals\n\nDefence (Contracted Defence Security Guards—Training and Qualification Requirements) Determination 2013\n\n \n\n1  Name\n\n  This instrument is the Defence (Contracted defence security guard—training and qualification requirements) Determination 2023.\n\n2  Commencement\n\n  This instrument commences on the day after the instrument is registered.\n\n3  Authority\n\n  This instrument is made under subsection 71B(4) of the Defence Act 1903 (the Act).\n\n4  Training and qualification requirements\n\n (1) For subsection 71B(4) of the Act, this section sets out the training and qualification requirements for a contracted defence security guard (the person).\n\n (2) The person must hold:\n\n (a) a current Certificate II (or higher) in Security Operations; or\n\n (b) a current qualification that, in the Minister or their delegate’s opinion, is equivalent to a Certificate II in Security Operations.\n\n (3) The person must hold a current licence to work as a security guard in the State or Territory where the person works, or would work, as a contracted defence security guard.\n\n (4) The person must have successfully completed training that is:\n\n (a) designed to give the person competence in:\n\n (i) screening people; and \n\n (ii) screening items; and\n\n (iii) controlling access to and exit from premises; and\n\n (iv) using basic defensive techniques; and\n\n (b) designed to give the person familiarity with:\n\n (i) the Act and other relevant Commonwealth, State and Territory laws; and\n\n (ii) the security policies and protocols of the Department; and\n\n (iii) other matters relevant to the security of the Department; and\n\n (iv) the policing arrangements used by the Defence Force; and\n\n (v) the security alert system used by the Department.\n\n (5) For each year after the person completes the training mentioned in subsection (4), the person must successfully complete training that is designed to refresh or update the skills and knowledge the person needs to perform the duties of a contracted defence security guard.\n\n (6) The person must hold:\n\n (a) a current qualification or competency in first aid; and\n\n (b) a current driver’s licence, other than a licence that is suspended; and\n\n (c) a current security clearance issued or recognised in accordance with the Department’s security policy.  \n\n\nSchedule 1—Repeals\n\nDefence (Contracted Defence Security Guards—Training and Qualification Requirements) Determination 2013\n\n1  The whole of the instrument\n\nRepeal the instrument\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2013 Determination and replaces it with the current, specific training, qualification, licence and clearance requirements (Schedule 1; s4). It preserves a statutory framework for contracted defence security guards while formalising ministerial/delegate discretion on equivalence and tying clearance to Department policy (s4(2)(b); s4(6)(c)), which concentrates administrative decision‑making in those offices."},"complexity_factors":["Minister/delegate discretion to deem qualifications equivalent (s4(2)(b))","Requirement for state/territory security licence creates cross‑jurisdictional compliance (s4(3))","Annual refresher training obligation (s4(5)) increasing ongoing compliance","Security clearance must be issued or recognised in accordance with Department policy, tying requirements to an external policy (s4(6)(c))","Multiple substantive training topics and legal familiarisation are mandated (s4(4)(a)–(b))","Repeal of the 2013 Determination and replacement by this instrument (Schedule 1) — creates transition/interpretation needs"],"plain_english_summary":"This instrument prescribes the training, qualification, licence and security‑clearance requirements for contracted defence security guards under subsection 71B(4) of the Defence Act (see s4). It applies to individuals engaged as contracted defence security guards and their employers: guards must hold a Certificate II in Security Operations (or an equivalent in the Minister’s or delegate’s opinion), a state/territory security licence, first aid and driver’s licences, a Department‑recognised security clearance, and complete initial and annual refresher training (ss4(2)–(6))."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope: setting training and qualification requirements for contracted defence security guards. It is a direct replacement of the 2013 Determination with substantially similar subject matter, not an expansion into new regulatory areas."},"complexity_factors":["Short instrument: only 4 substantive sections plus a repeal schedule","No defined terms section — terms used have ordinary or industry-standard meanings","Minimal cross-referencing: only references to the empowering provision (Defence Act 1903, subsection 71B(4)) and the repealed instrument","Simple conditional structure: straightforward 'must hold' and 'must complete' obligations with minimal nesting","Clear, prescriptive requirements without exceptions or exemptions"],"plain_english_summary":"This Determination sets minimum training and qualification standards for private security guards contracted to the Department of Defence, requiring formal security qualifications, a current licence, Defence‑specific training and refresher training, first aid, a valid driver’s licence, and a recognised Defence security clearance. \n\nIt affects contracted security companies, individual guards, and Defence (which must verify compliance), updating the 2013 rules to ensure consistent Defence‑specific standards."}},"importantCases":[],"_links":{"self":"/api/acts/defence-contracted-defence-security-guard-training-and-qualification-requirements-determination-2023","history":"/api/acts/defence-contracted-defence-security-guard-training-and-qualification-requirements-determination-2023/history","analysis":"/api/acts/defence-contracted-defence-security-guard-training-and-qualification-requirements-determination-2023/analysis","conflicts":"/api/acts/defence-contracted-defence-security-guard-training-and-qualification-requirements-determination-2023/conflicts","importantCases":"/api/acts/defence-contracted-defence-security-guard-training-and-qualification-requirements-determination-2023/important-cases","documents":"/api/acts/defence-contracted-defence-security-guard-training-and-qualification-requirements-determination-2023/documents"}}