Part 4Discipline

Part 4—Discipline 24—Interpretation of Part 4 In this Part— agent includes— (a) a former agent; or (b) a person licensed as an agent, whether or not carrying on business, or otherwise acting, as an agent; or (c) a person formerly licensed as an agent; director of a body corporate includes a former director of a body corporate; security industry trainer includes— (a) a former security industry trainer; or (b) a person licensed as a security industry trainer, whether or not acting as a security industry trainer; or (c) a person formerly licensed as a security industry trainer. 25—Cause for disciplinary action (1) There is proper cause for disciplinary action against an agent or security industry trainer if— (a) the agent or trainer has acted contrary to an assurance accepted under the Fair Trading Act 1987 or an undertaking accepted under the Australian Consumer Law; or (b) the agent or trainer has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of performing functions as an agent or security industry trainer; or (ba) in the case of a licensed agent supervising another agent subject to an employee (supervision) condition, the agent failed to provide proper supervision of that other agent; or (c) in the case of an agent who has been carrying on business as an agent—the agent or any other person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, that business; or (d) in the case of an agent who has been employed or engaged to manage and supervise an incorporated agent's business—the agent or any other person has acted unlawfully, improperly, negligently or unfairly in the course of managing or supervising, or being employed or otherwise engaged in, that business; or (e) in the case of a person licensed or formerly licensed as an agent or security industry trainer— (i) the licence of the agent or trainer was improperly obtained; or (ii) the person is not a fit and proper person to hold a licence or, if the agent is a body corporate, a director of the body corporate is not a fit and proper person to be a director of a body corporate that is the holder of a licence; or (iii) events have occurred, or circumstances have come to light, such that the agent or trainer would not be eligible to be granted the licence if he or she were to apply for it; or (f) in the case of a person licensed or formerly licensed as a security agent or security industry trainer—it would be contrary to the public interest if the person were to be or continue to be licensed. (2) Disciplinary action may be taken against each director of a body corporate that is an agent if there is proper cause for disciplinary action against the body corporate. (3) Disciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default. (4) This section applies in relation to conduct occurring before or after the commencement of this Act. 26—Complaints The Commissioner, a police officer or any other person may lodge with the Court a complaint setting out, subject to section 5B, matters that are alleged to constitute grounds for disciplinary action under this Part. 27—Hearing by Court (1) On the lodging of a complaint, the Court may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part. (2) Without limiting the usual powers of the Court, the Court may during the hearing— (a) allow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and (b) allow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Court may think fit to impose. 27A—Procedure in the case of complaint against security agent or security industry trainer (1) On the hearing of a complaint against a person licensed or formerly licensed as a security agent or security industry trainer, the Court— (a) is not bound by the rules of evidence but may inform itself as it thinks fit; and (b) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. (2) In determining whether there is proper cause for disciplinary action against a person licensed or formerly licensed as a security agent or security industry trainer, regard may be had to such evidence of the conduct (no matter when the conduct is alleged to have occurred) of the person or persons with whom the person associates (or has associated at any relevant time) as the Court considers relevant, including information that existed at the time the licence was granted, regardless of whether that information was known or could have been made known to the Commissioner at that time. 28—Participation of assessors in disciplinary proceedings In any proceedings under this Part, the Court will, if a Judge of the Court so determines, sit with assessors selected in accordance with Schedule 1. 29—Disciplinary action (1) On the hearing of a complaint, the Court may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by order do one or more of the following: (a) reprimand the person; (b) impose a fine not exceeding $20 000 on the person; (c) in the case of a person who is licensed as an agent or security industry trainer— (i) impose conditions or further conditions on the licence; (ii) suspend the licence for a specified period or until the fulfilment of stipulated conditions or until further order; (iii) cancel the licence; (d) disqualify the person from holding a licence or a licence of a specified class under this Act or prohibit the person from carrying on business as an agent or as an agent of a specified class; (e) prohibit the person from being employed or otherwise performing functions as an agent or as an agent of a specified class or as a security industry trainer; (f) prohibit the person from being a director of a body corporate that is an agent or an agent of a specified class. (2) The Court may— (a) stipulate that a disqualification or prohibition is to apply— (i) permanently; or (ii) for a specified period; or (iii) until the fulfilment of stipulated conditions; or (iv) until further order; (b) stipulate that an order relating to a person is to have effect at a specified future time. (3) A condition imposed by the Court under this section may require the person to satisfactorily complete a specified course of training within a specified period. (4) If— (a) a person has been found guilty of an offence; and (b) the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence. 30—Contravention of orders (1) If a person— (a) is employed or otherwise performs functions as an agent or security industry trainer; or (b) becomes a director of a body corporate that is an agent, in contravention of an order of the Court, that person and the agent are each guilty of an offence. Maximum penalty: $35 000 or 6 months imprisonment. (2) If a person carries on business as an agent in contravention of an order of the Court, the person is guilty of an offence. Maximum penalty: $35 000 or 6 months imprisonment.