PRIVATE SECURITY (CROWD CONTROLLERS) REGULATIONS 1996

The Regulations revolve around several key concepts, most of which derive from the Private Security Act but are given specific content here.

Crowd controller licence and provisional licence. The Act distinguishes between a provisional licence (which allows the holder to work while completing training or assessment) and a full licence. Regulation 9 sets separate fees for each. The practical distinction is that a provisional licence is a transitional stage, but the Regulations do not specify any difference in disqualifying offences or ongoing duties: both are bound by regulation 10.

Disqualifying offence. This is the gatekeeping concept. Regulation 3 prescribes a long list of offences from the Criminal Code (NT), the Firearms Act, the Misuse of Drugs Act, the Weapons Control Act, and any Commonwealth offence carrying a maximum penalty of two years or more imprisonment. The list includes offences against sections such as 181 (sexual assault), 188(1) with aggravation, 193 (robbery), 208H and following (identity crime), 228AH and following (drug trafficking), and 243(1) (property damage). The Regulations also preserve certain historical offences under earlier versions of the Criminal Code: for example, section 132, 188(2)(k), 192 or 192B as in force before 25 March 2024 (the commencement of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023), and sections dealing with theft and property offences as in force before the Criminal Code Amendment (Property Offences) Act 2022. This means a conviction for an offence that has since been repealed or renumbered still disqualifies the applicant. There is no expiry period for these convictions; a single conviction decades ago that falls within the prescribed list is a permanent bar. The Regulations do not allow the Director to waive this disqualification, so the concept acts as a strict liability filter.

Deed of undertaking. Regulation 6 requires that when a crowd controller executes a deed of undertaking (likely as a condition of licence or as an alternative to disciplinary action), the register must contain the controller's name, licence number, date of execution, and a summary of the undertakings. This is a transparency measure, but the Regulations do not specify how long the register is kept or who has access to it.

Identification badge. Regulation 7 prescribes a badge at least 6 cm in height, with black lettering on a white background, showing "SECURITY" in capitals at least 5 mm high and the employer-assigned number in characters at least 4 cm high and 5 mm wide. The badge must be worn by the crowd controller while on duty. The prescriptive dimensions are unusual and differ from other jurisdictions that only require the word "SECURITY" and a licence number. The large font requirement (4 cm for the employee number) means the badge is visually prominent and cannot be a small lapel pin. This imposes a cost on employers to produce compliant badges, though the cost is likely low per badge.

Incident register. Regulation 8 requires employers to keep a register containing the crowd controller's name, residential address, licence number, daily employer-assigned number, and the date and details of each incident in which physical force was used by or against the controller. The term "details" is not defined, leaving scope for inconsistency. The register must be kept by the employer, not the controller, so compliance falls on the business.

Revenue units. Fees are expressed in revenue units, which are adjusted by separate Treasury legislation (see, for example, the Treasury Legislation Amendment (Revenue Units) Regulations 2006 and the Fees and Charges Amendment Regulations 2009). As of 25 March 2024, one revenue unit likely equals $1.60 or thereabouts (the standard NT rate), though the exact figure should be confirmed via the current applicable instrument. The use of revenue units means fees rise automatically with inflation without requiring a regulation amendment, shifting the burden of adjustment from the legislature to the regulated entities.

Multiple licence discount. Regulation 9(4) and (5) reduce fees for applicants who already hold another licence under the Act (for example, a security officer's licence). The discount is significant: 100 revenue units instead of 173 for a one-year licence. However, subregulation (6) prevents double discounting: if the other licence already benefited from a similar reduced fee, then the crowd controller application must pay the full fee. This creates a sequencing issue; an applicant holding two older licences (both discounted) would pay full price for the third.

The Regulations directly affect four groups: crowd controller applicants and licence holders, employers of crowd controllers, the Director (the regulatory body under the Act), and persons with criminal records who fall within the disqualifying offence list.

Crowd controller applicants and licence holders are the primary regulated persons. They must provide fingerprints and two passport photographs (regulation 5), pay fees ranging from 173 to 298 revenue units depending on licence duration (regulation 9(1)-(3)), comply with the badge requirement (regulation 7), and follow the three offence-creating duties in regulation 10. The notification duty under regulation 10(2) (change of address to the Director within 30 days) and the incident-reporting duty to employers (regulation 10(3) - "as soon as practicable") apply throughout the life of the licence. Failure attracts a maximum penalty of 20 penalty units per offence. The Regulations do not distinguish between full-time and casual crowd controllers, nor between those working in nightclubs versus sporting events, so the same obligations apply universally.

Employers must maintain the incident register prescribed in regulation 8. They must also supply badges compliant with regulation 7, though the Regulations do not expressly require employers to provide uniforms or equipment; they only forbid the crowd controller from using them without authority (regulation 10(1)). Employers must also ensure they employ only licensed crowd controllers, though that obligation arises from the Act, not the Regulations. The incident register imposes an administrative cost on every employer that uses crowd controllers. For a large venue employing dozens of crowd controllers on a Saturday night, the register must record each person's daily assigned number and details of any incident involving force, presumably requiring a written record to be created promptly. The Regulations do not specify the form (paper or electronic), retention period, or inspection rights, so employers face uncertainty about what constitutes compliance.

The Director is the recipient of applications, address notifications, and the keeper of the deed of undertaking register. The Regulations do not prescribe processing times or decision-making criteria for the Director beyond the disqualifying offence list. The Director must also accept fingerprints and photographs, which raises practical issues of storage and privacy, though the Regulations do not address data protection. The reference to "Director" in regulation 6 and 8 was amended by the Licensing (Director-General) Repeal Act 2020 and earlier by the Licensing (Repeals and Consequential Amendments) Act 2014, reflecting machinery-of-government changes.

Persons with criminal records are affected indirectly. Anyone convicted of an offence on the list in regulation 3 is permanently barred from holding a crowd controller licence, regardless of rehabilitation, time elapsed, or the gravity of the specific incident. The list includes offences such as common assault under the Criminal Code (section 188(2)), which is a relatively low-level offence. There is no provision for a "spent conviction" exception or a merits review of the Director's refusal on rehabilitation grounds. This may deter individuals with old convictions from even applying, or encourage them to work in unlicensed security roles. The breadth of the disqualification also means that applicants who have lived in other Australian states or territories could be disqualified by a Commonwealth offence with a two-year maximum penalty, which includes many offences that in the NT are not listed (for example, certain Commonwealth fraud offences). This extraterritorial reach imposes asymmetric costs on applicants from interstate.

The general public and venue owners are indirectly affected. To the extent that the Regulations restrict the supply of crowd controllers, venues may face higher labour costs or staffing shortages, leading to longer queues, reduced security presence, or higher entry prices. The public also loses the benefit of employment opportunities for individuals with criminal histories who might otherwise be able to work in the security industry.

Duties of crowd controllers. Regulation 10 creates three specific duties. First, a crowd controller must not wear a uniform, use employer-supplied equipment, or wear the prescribed identification badge without the employer's authority (regulation 10(1)). This prevents controllers from acting as if on duty when they are not, which could lead to liability issues. Second, a crowd controller must notify the Director of a change of residential address within 30 days (regulation 10(2)). This is an information-keeping duty that helps the regulator maintain accurate records. Third, a crowd controller must notify the employer of any incident in which physical force was used by or against the controller while providing services, as soon as practicable after the incident occurs (regulation 10(3)). This duty triggers the employer's obligation to record the incident in the register under regulation 8(d). The standard "as soon as practicable" is vague and could lead to disputes about timeliness, especially if the crowd controller is injured or dealing with police.

Duties of employers. Employers must keep the incident register containing the information listed in regulation 8. They must also ensure that the identification badge complies with regulation 7 if they issue one. While not stated in the Regulations, the Act likely requires employers to verify that their crowd controllers hold valid licences. The employer's duty under regulation 8 is to keep the register, but the Regulations do not say for how long, in what format, or whether it must be produced to the Director on request. This lack of specificity creates a compliance risk: an employer could be penalised for an inadequate record even if the regulation is ambiguous.

Rights of crowd controllers. The Regulations confer no substantive rights on crowd controllers. The only right implied is the right to apply for a licence and pay the relevant fee. The discount for holding multiple licences (regulation 9(4)-(5)) is a financial benefit, though it is conditional on not having received a similar discount on the other licence. A crowd controller also has the right to execute a deed of undertaking (likely to resolve a disciplinary matter), and the Director must then enter the particulars into the register (regulation 6). The Regulations do not create a right to a hearing, to reasons for refusal, or to an appeal. Those rights, if any, must be found in the parent Act or in general administrative law.

Rights of employers. Employers are not given any express rights in the Regulations. They may have the right to rely on the incident register as a record for defending claims of excessive force, but the Regulations do not provide any evidentiary privilege or protection.

The Regulations create three offences, each with a maximum penalty of 20 penalty units (regulation 10). At the current NT penalty unit value (likely $22 as of 2024, though this should be checked against the relevant act), that equates to $440 per offence. The offences are strict liability in the sense that the regulation does not mention a fault element, but the application of the Criminal Code (NT) may import a defence of honest and reasonable mistake. The penalty is modest, which suggests enforcement is unlikely to be a high priority for the regulator, but the consequences for the individual can be greater if a conviction leads to cancellation of the licence under the Act.

Disqualification as an enforcement tool. The most potent enforcement mechanism is not a penalty in the Regulations but the exclusionary effect of regulation 3. An applicant who has a disqualifying offence cannot obtain a licence; a licensee who is convicted of such an offence while licensed may face cancellation. This is a form of permanent enforcement that removes the person from the industry entirely, with no need for further prosecution. The Director's power to refuse or cancel a licence arises under the Act, but the Regulations supply the list of disqualifying offences that ground that decision. There is no mechanism for a time-limited disqualification or a rehabilitation assessment, so the effect is absolute.

Enforcement of notification and reporting duties. The address-change duty (regulation 10(2)) and the incident-reporting duty to the employer (regulation 10(3)) are enforceable only if the Director or employer becomes aware of non-compliance. The Director may cross-check addresses through other government databases, but an individual who simply fails to update their address might never be caught unless they apply for renewal. The incident-reporting duty relies on the crowd controller self-reporting; there is no independent monitoring of workplaces. This makes enforcement sporadic and dependent on complaints or random audits.

Penalty for misuse of uniform. Regulation 10(1) prohibits wearing the uniform or using equipment without the employer's authority. This targets off-duty controllers who might represent themselves as on-duty security, potentially leading to fraud or assault. The employer controls the authority by supplying the uniform and badge; if an employee takes the badge home, the employee commits an offence if they wear it without permission. The penalty of 20 penalty units is the same as for address notification, which seems disproportionate: a failure to update an address is an administrative oversight, while unauthorised use of a security badge could enable impersonation and serious harm.

The Regulations do not operate in isolation; they are drafted to give effect to the Private Security Act 1995 (NT) and incorporate by reference several other NT and Commonwealth statutes.

Parent Act. The Regulations are made under the Private Security Act and repeatedly refer to its provisions: section 3 for "disqualifying offence", section 14(5) for application information, section 50(2) for deeds of undertaking, section 54 for identification, section 56 for incident registers, sections 18, 24, and 25 for fees. Any amendment to the Act that changes these references will automatically affect the operation of the Regulations, unless the Regulations are updated. For example, if the Act is amended to change the definition of "disqualifying offence", the Regulations' list under regulation 3 would need to be revised; the recent amendments (2023 and 2024) show that such revisions have occurred when the Criminal Code was amended.

Criminal Code (NT). Regulation 3(a) directly cross-references about 50 sections of the Criminal Code (NT), plus several historical versions. This means that any amendment to those sections of the Criminal Code will automatically change what disqualifies an applicant, but the Regulations are only updated when a specific amending regulation is made. The Regulation includes references to sections as they existed before certain amendments (e.g., sections 211, 212, 227, 228, 229, 231, 233 as in force before the Criminal Code Amendment (Property Offences) Act 2022). This creates a patchwork: some offences are defined under the current Code, others under the previous Code. Practitioners must check the applicable date of the conviction to determine which version of the Criminal Code governs the disqualification.

Firearms Act 1997 (NT). Offences under sections 59, 61, 63A, 74, 77, 82, 83, 84, 85, and 86 are disqualifying. These cover unlawful possession, trafficking, and misuse of firearms. The Regulations do not distinguish between serious and minor firearms offences; any conviction under these sections results in disqualification.

Misuse of Drugs Act 1990 (NT). Regulation 3(e) prescribes offences under Part II, Division 1, which includes drug trafficking and possession with intent to sell. Simple possession offences (Division 2) are not listed, so an applicant with a conviction for personal use of cannabis would not be disqualified by this regulation, though they might be disqualified if the Commonwealth two year threshold applies.

Weapons Control Act 2001 (NT). Offences under sections 6, 7, 8, and 9 are disqualifying. These include unlicensed possession of a weapon, possession of a prohibited weapon, and trafficking in weapons. The cross-reference is narrow: only those sections, not the entire Act.

Commonwealth law. Regulation 3(g) prescribes any offence against a Commonwealth law where the penalty is imprisonment for two years or more. This is sweeping; it captures federal fraud, drug importation, people smuggling, terrorism offences, and even some relatively low-level federal offences that happen to carry a two year maximum. It creates a disjuncture between NT and Commonwealth offences: a petty NT theft may not be a disqualifying offence if it falls outside the listed Criminal Code sections, but the same conduct charged under a Commonwealth law (if, for example, it occurred on Commonwealth land) could automatically disqualify. This also means that Commonwealth offences from other states or territories are disqualifying in the NT, increasing regulatory friction for interstate workers.

Revenue units legislation. The fees in regulation 9 are expressed in revenue units, which are defined by the Revenue Units Act (NT) or equivalent. The specific values are set by other instruments (e.g., the Fees and Charges Amendment Regulations 2009). The use of revenue units removes the need for frequent regulation amendments but shifts the interpretive burden onto applicants to look up the current unit value.

The Regulations were originally made in 1996 (SL No. 7 of 1996) and commenced 1 March 1996. They have been amended multiple times, reflecting changes in criminal law, fees structure, and regulatory machinery.

2006 amendments. The most significant structural change occurred with the Private Security (Crowd Controllers) Amendment Regulations 2006 (SL No. 4, 2006). This amendment substituted the original regulation 3 (disqualifying offences) with an updated list, omitted former regulation 4 (which is no longer in force), substituted regulation 9 (fees) with the current tiered structure, inserted the current regulation 10 (offences), and omitted the original schedule. Before 2006, the Regulations did not create direct offences; the offences in regulation 10 were new. The 2006 amendment also increased fees and introduced the multiple-licence discount.

2006 Treasury amendment. The Treasury Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 33, 2006) amended the fees by converting fixed dollar amounts to revenue units, ensuring automatic inflation adjustment. This was followed by the Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009), which adjusted the revenue unit values.

2013 amendment. Private Security (Crowd Controllers) Amendment Regulations 2013 (SL No. 8, 2013) further adjusted fees, likely to reflect CPI changes.

2014 amendments. Two Acts amended the Regulations indirectly: the Criminal Code Amendment (Identity Crime) Act 2014 (Act No. 9, 2014) added sections 208H and following to the Criminal Code, and the Regulations were amended to include those new sections (see regulation 3(a) now includes s 208H, 208HA, 208HB, etc.). The Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014) amended references in regulations 3, 6, 8, and 10 to replace "Director-General" with "Director" (or similar) following changes to the regulatory body.

2016 amendment. The Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016) amended regulation 3 to include drug trafficking offences (sections 228AH, 228AK, 228AO, 228C, 228D, 228E of the Criminal Code).

2017 amendment. The Private Security Legislation Amendment Regulations 2017 (SL No. 37, 2017) further amended regulation 3, possibly to add or adjust references. The endnotes show that SL No. 37, 2017 amended regulation 3.

2020 amendment. The Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020) amended regulations 6, 8, and 10 to replace "Director-General" with "Director", reflecting the abolishment of that office.

2023 amendment. The Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) commenced 25 March 2024 and inserted new paragraphs (ca) and (cb) into regulation 3, preserving historical sexual and property offences from before the 2023 and 2022 amendments respectively. This ensures that persons convicted under the old sexual assault provisions remain disqualified even though those provisions have been repealed.

2024 amendment. The Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024) amended regulation 3, likely to update cross references. The endnotes show s 80 of that Act amended regulation 3.

General formal amendments. The Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) made general formal amendments to regulations 1 and 3 (e.g., updating citation wording). These are not substantive.

The source text does not contain any case law references. No reported decisions are cited in the Regulations or in the endnotes. This does not mean no litigation has occurred under these Regulations, but the document itself provides no such information. Litigation could arise in several areas: challenges to the Director's refusal to grant a licence based on the disqualifying offence list (arguing, for example, that a particular Commonwealth offence does not carry a two year maximum penalty, or that an historical offence is not captured because the current version of the Criminal Code differs); challenges to the penalty for failing to notify an incident (e.g., what constitutes "as soon as practicable"); or disputes over the content of the incident register (e.g., what counts as "details" of an incident). The Regulations do not provide for internal review or merits review of decisions, so any challenge would likely proceed via judicial review in the Northern Territory Supreme Court under the Administrative Decisions (Judicial Review) Act (NT). The broad disqualification list and the lack of a waiver power mean that any applicant with a relevant conviction has no avenue except to argue that the conviction does not fall within the list. This could produce litigation over the interpretation of the phrase "an offence against section X" where the conviction was for an alternative verdict or a lesser included offence. The preservation of historical offence provisions in paragraphs (ca), (cb), and (cc) is particularly likely to generate interpretive disputes, as practitioners must determine the exact wording of the Criminal Code as in force before a specified date and whether the conviction matched. The absence of reported litigation may reflect that most affected individuals simply do not challenge adverse decisions, given the cost of legal proceedings relative to the value of a crowd controller licence. It may also indicate that the Director exercises discretion informally (e.g., by not enforcing certain disqualifications) to avoid litigation. However, that is speculation; the source offers no evidence.

Several provisions in the Regulations contain traps for the unwary that practitioners and regulated persons should note.

The breadth of disqualifying offences is easily underestimated. Regulation 3(g) catches any Commonwealth offence with a maximum penalty of two years or more. This includes many offences that in the NT are not captured, such as certain social security fraud, telecommunications offences, and even some environmental crimes. An applicant with a clean NT record but a decade-old federal conviction for minor fraud (maximum 5 years) is automatically disqualified. The Regulations do not require an aggravated element or custodial sentence for Commonwealth offences, unlike some NT offences where only custodial sentences count (see regulation 3(c) re section 217 of the Criminal Code). The absence of a time limit means even a youthful conviction from 30 years ago disqualifies.

Historical offence provisions are multipart and date sensitive. Regulation 3(ca), (cb), and (cc) preserve earlier versions of the Criminal Code for specific periods. To determine if an applicant is disqualified, the practitioner must know the exact date of the conviction, the wording of the Criminal Code as in force before the relevant commencement date (25 March 2024 for sexual offences, and the commencement of the Criminal Code Amendment (Property Offences) Act 2022 for property offences), and whether the conviction matches the listed section numbers. The sections listed in (ca) (ss 132, 188(2)(k), 192, 192B) are from the old Code; even if the conduct would now be covered by a different section, the old section number is the trigger. An applicant convicted under old section 192 (theft) before the property offences amendment is disqualified, even though the current theft section might be different. Overlooking this can lead to an erroneous grant or refusal.

The multiple licence discount is not cumulative. Regulation 9(6) states that the reduced fee under subregulations (4) and (5) does not apply if the applicant "has paid a reduced fee for the other licence in accordance with a provision similar to subregulation (4) or (5)". So if a crowd controller already holds a security officer's licence that was obtained at a discounted fee (e.g., because the officer held a crowd controller licence first), then applying for a crowd controller licence again will not attract the discount. This creates a sequencing trap: if you get a discounted security officer licence first, you lose the discount on the crowd controller licence. The practical effect is to encourage applicants to apply for the most expensive licence first (so that the discount applies to the cheaper second licence), which is the opposite of what a person might intuitively do.

Badge dimensions are mandatory and specific. Regulation 7 requires the badge to be not less than 6 cm in height, with the word "SECURITY" in capitals at least 5 mm high, and the employer-assigned number at least 4 cm high and 5 mm wide. A badge that is 5.9 cm in height is non-compliant. The large size requirement (4 cm for the employee number) means the number cannot be a small sticker; it must be clearly visible from a distance. An employer who issues a smaller badge risks the crowd controller committing an offence under regulation 10(1) if they wear it without authority (since the identification is defined by regulation 7), though the offence is likely to be the employer's fault in supplying non-compliant identification. The penalty applies to the crowd controller only.

Incident register "details" are undefined. Regulation 8(d) requires "the date of, and details in relation to, each incident in which physical force was used". The Regulations do not specify what constitutes sufficient details. A vague entry like "physical altercation" may be challenged as inadequate. The employer must decide what level of detail is enough, and there is no guidance on whether witness names, CCTV references, or descriptions of force used must be included. This uncertainty creates a compliance risk, as the Director may deem the register insufficient.

Offence of failing to notify employer of incident: no time limit other than "as soon as practicable". Regulation 10(3) requires a crowd controller to notify the employer of an incident involving physical force "as soon as practicable after the incident occurs". This is a flexible standard, but if the crowd controller waits until the next shift (e.g., 24 hours later), a prosecutor might argue that "as soon as practicable" meant immediately after completing the shift. The crowd controller must also have the employer's contact details available and be capable of notifying them; if they are injured and cannot call, that might be a defence. The absence of a maximum time (e.g., 24 hours) creates ambiguity.

Change of address notification is mandatory but easy to overlook. Regulation 10(2) requires notice to the Director within 30 days of changing residential address. A crowd controller who moves to a new rental and forgets to update their address commits an offence punishable by 20 penalty units. The Director may only become aware at renewal time, when the address on the application differs from the previous record. This is a low-level but absolute duty.

Compliance with the Regulations requires attention to four separate obligations: initial licensing, ongoing conduct, record keeping (employers), and notification duties (licensees).

For applicants. Before applying, check the disqualifying offence list in regulation 3 against any past convictions. This includes Commonwealth convictions with a two year maximum penalty. If any conviction appears on the list, do not apply, as the Director must refuse the licence. There is no waiver, so any application will be rejected and the fee may not be refunded (though the Regulations are silent on refunds - check the Act). For clean applicants, gather two identical current passport-sized photographs and attend a fingerprint collection location (regulation 5). Prepare the fee in revenue units; as of the latest amendment, a one-year provisional licence is 173 revenue units, a one-year full licence is 173 units (discounted to 100 if holding another licence). Decide on the licence duration: two years (233 units) or three years (298 units) may be cheaper per year, but only if the applicant expects to remain in the industry that long. If already holding another licence under the Act (e.g., security officer licence), the reduced fee applies, but only if that other licence was not already discounted (regulation 9(6)). To maximise the discount, apply for the crowd controller licence first before any other licence, so that the other licence can be discounted instead.

For licence holders. Upon receiving the licence, ensure the employer issues an identification badge that strictly complies with regulation 7: height not less than 6 cm, "SECURITY" in black capitals at least 5 mm on white background, employer-assigned number at least 4 cm high and 5 mm wide. Wear the badge while providing services. Do not wear the badge, uniform, or use equipment outside authorised work hours without explicit employer permission - that is an offence (regulation 10(1)). Notify the Director of any change of residential address within 30 days (regulation 10(2)). Keep a record of the date of any incident involving physical force (whether by or against you) and notify the employer as soon as practicable after the incident (regulation 10(3)). "As soon as practicable" likely means immediately if safe to do so, or within the same shift. If the incident occurs at the end of a late shift, notifying the employer by phone or text before the next day is advisable. Do not wait until the next scheduled shift.

For employers. Provide identification badges that meet the regulation 7 specifications. Maintain an incident register for each crowd controller that contains: name, residential address, licence number, daily employer-assigned number, and for each force incident, the date and details. "Details" should include at least: what happened, who was involved, whether force was used by the controller or against them, and any injuries. A recommended approach is to use a standard incident report form that includes these fields, and keep it in a dedicated register (paper or electronic). The Regulations do not prescribe retention periods, but a prudent employer would keep the register for at least the duration of the controller's employment plus any relevant limitation period for civil claims (e.g., three years for personal injury). Ensure that the employer-assigned number is unique to each crowd controller and is used consistently each day. The employer must also ensure that only licensed crowd controllers are employed, though that duty arises from the Act.

General. Monitor amendments to the Regulations, as the disqualifying offence list is updated frequently when the Criminal Code is amended. As of March 2024, the list includes historical offences; if you are dealing with an applicant convicted before 2022 or 2023, check if the offence falls under the old section numbers in paragraphs (ca), (cb), or (cc). For employers, consider obtaining legal advice on the adequacy of your incident register. For crowd controllers, if an incident occurs, notify the employer immediately and keep your own written record as a safeguard. The penalty for non-compliance is 20 penalty units per offence, which is modest but may lead to licence suspension or non-renewal under the Act.