Security Providers Act 1993

The Act defines seven categories of security provider: bodyguard (section 4A), crowd controller (section 5), private investigator (section 6), security adviser (section 6A), security equipment installer (section 6B), security officer (section 7), and security firm (section 8). Each category has a specific definition that turns on the activity performed for reward. For example, a bodyguard is a person who provides a close personal protection service for reward (section 4A). A crowd controller is a person who, for reward, is at a public place principally for keeping order, including screening entry, monitoring behaviour, or removing persons (section 5(1)); a person is not a crowd controller merely for checking admission payments (section 5(2)). A private investigator is defined as a person who, for reward, obtains and gives private information about another without consent, carries out surveillance for that purpose, or investigates a missing person (section 6(1)); important exclusions apply for employees of non-information businesses, for employees of information businesses who provide information only to the employer, and for persons giving information from existing records (section 6(2)). Legal practitioners, accountants, insurers, and independent investigators investigating public sector grievances are also excluded (section 6(3)-(4)). The Act defines security equipment broadly: acoustic, electronic, mechanical or other equipment designed, adapted or purporting to enhance property security or for protecting or watching property, such as alarms, recording systems, access control devices, intrusion detectors, and safes (section 8A(1)). Excluded from that definition are devices for monitoring inventory or stock loss, and items designed to prevent motor vehicle theft such as car alarms or immobilisers (section 8A(2)). A security firm is a person or partnership that engages in the business of supplying, for reward, security firm services to others (section 8). The concept of appropriate person is central to the licensing regime. In deciding whether an individual is an appropriate person to hold a licence, the chief executive must consider matters indicating the person may not be appropriate: dishonesty or lack of integrity in dealings, use of harassing tactics, bankruptcy, recorded convictions (including those subject to the Criminal Law (Rehabilitation of Offenders) Act 1986), unrecorded findings of guilt for a relevant offence, and any other information indicating a risk to public safety or that holding the licence would be contrary to the public interest (section 11(4)). A person is automatically not appropriate if, within ten years of applying, they have been convicted of a disqualifying offence for which a conviction was recorded, or if they are subject to a relevant control order (section 11(5)). Equivalent provisions apply to corporations applying for a security firm licence (section 13). The Act also distinguishes between statutory conditions (those imposed by the Act itself) and imposed conditions (those decided by the chief executive and stated on the licence). Restricted licences carry statutory conditions limiting the licensee to the functions stated and requiring direct supervision (section 14B(1)). Unrestricted licences are subject to the condition that, if required in writing by the chief executive, the licensee must complete relevant approved training on renewal or at intervals during the term (section 14B(2)). A relevant person in relation to a licence application is: if the applicant is an individual, that individual; if a corporation, an officer of the corporation; if a partnership, a partner (section 7A). The term authorised functions is used in the temporary permit provisions and refers to the functions the holder is authorised to carry out under their corresponding authority (section 31A). Disqualifying offence is defined in schedule 2 and includes offences under specified chapters of the Criminal Code (schedule 1) and other legislation; a conviction for a disqualifying offence within ten years triggers automatic cancellation of the licence (section 24).

The Act directly affects individuals who perform security functions for reward: bodyguards, crowd controllers, private investigators, security advisers, security equipment installers, and security officers. These persons must obtain an individual licence (section 10(4) provides that only an individual may apply for those categories). The Act also affects corporations and partnerships that supply security firm services to others; they must obtain a security firm licence (section 8, 13). For a security firm licence, each officer of the corporation (including directors, secretaries, executive officers, and persons who can control or substantially influence the corporation's affairs) and each partner in a partnership must be an appropriate person to be an officer or partner if the licence is granted (section 13(3)(a)). Additionally, the applicant corporation must itself be an appropriate person, and the applicant must be a current member of an approved security industry association (section 13(3)(b)-(c)). The Act imposes duties on licensees (including security firms) to comply with statutory and imposed conditions (sections 14B(4), 15(3)). Security firm licensees may be required by an imposed condition to monitor at stated intervals whether their employees who are security providers are complying with the Act (section 15(2)). Approved security industry associations are also affected: they must give the chief executive written notice, within 14 days after the end of each month, of each person whose membership ended during that month and the date it ended (section 21A). Failure to do so carries a penalty of 20 penalty units. The Act affects applicants for licences and renewals: they must submit fingerprints for identity and background checking (sections 10(8), 20(7)); the chief executive must refuse to grant or renew a licence if fingerprints of each relevant person have not been taken (section 28). Persons who are not security providers as defined are exempt: police officers, Defence Force members, State and Commonwealth officers and employees, Ministers, parliamentary service officers, casino employees and key employees under the Casino Control Act 1982, and authorised persons under the Transport Operations (Passenger Transport) Act 1994 (section 4(3)-(4)). The Act also affects persons who engage security providers: they must ensure the provider holds the appropriate licence, or face penalties (section 9(2)). Moreover, the Act governs the conduct of inspectors under the Fair Trading Inspectors Act 2014 (the FTI Act), which provides common enforcement powers for this Act (section 2A). The chief executive and public service employees administering the Act are subject to confidentiality obligations and protection from civil liability for honest, non-negligent acts (sections 48A, 49). Finally, QCAT hears reviews of licensing decisions, so it is an affected tribunal.

The central duty is the prohibition on carrying out security provider functions without the appropriate licence (section 9(1)). This duty extends to advertising or holding out that one is willing to do so. A corollary duty is that persons must not engage an unlicensed person to carry out security functions for reward (section 9(2)). Licensees must comply with the statutory conditions of their licence (section 14B(4)) and with any imposed conditions stated on the licence (section 15(3)). Contravention of an imposed condition that is prescribed under a regulation is an offence carrying 40 penalty units (section 15(4)). Licensees must produce their licence for inspection if they are not wearing prescribed identification when carrying out a function and a person with whom they are dealing asks to inspect it (section 25A). Licensed crowd controllers must wear the prescribed identification in a clearly visible manner when acting as a crowd controller (section 47); failure attracts a penalty of 20 penalty units. A licensee whose licence is suspended or cancelled must return the licence to the chief executive if required by written notice (section 23). Automatic cancellation occurs if the licensee or another required appropriate person is convicted of a disqualifying offence for which a conviction is recorded, or becomes subject to a relevant control order; the licence must be returned within 14 days (section 24). Persons involved in administering the Act must maintain confidentiality; they must not record or disclose confidential information except for purposes of the Act, to discharge a function under another law, for a court or QCAT proceeding, if authorised by a court or in the interests of justice, if required or permitted by law, or if the person to whom the information relates authorises (section 48A). That duty does not extend to statistical or de-identified information. The chief executive may enter into information-sharing arrangements with relevant agencies (including the police commissioner, other departments, local governments, and prescribed persons) and, under such arrangements, may disclose and receive information despite other Acts or laws (section 48). Criminal intelligence received under such arrangements may be used only for monitoring compliance (section 48(4)). The Act also creates rights. Applicants for a licence have the right to have their application considered, subject to fingerprinting and other requirements (sections 10, 28). Licensees have the right to apply for amendment of their licence (section 17), renewal (section 20), and replacement of a lost, stolen or destroyed licence (section 25). Before the chief executive can amend a licence (other than its statutory conditions) on their own initiative, or suspend, cancel, or refuse to renew a licence, they must give a show cause notice that states the grounds, outlines the facts, and invites representations within at least 28 days (sections 18(2), 22(1)). Licensees have the right to seek QCAT review of specified decisions: refusal to grant a licence, grant of a licence other than that applied for, deferral of a decision, amendment of a licence (or refusal), suspension or cancellation, refusal to renew, and refusal to replace (section 26). For unrestricted licence holders, a licence continues in force pending the chief executive's decision on renewal if application was made before expiry (section 20(5)); similarly, a restricted licence may continue pending a decision on an unrestricted licence application (section 14A). The Act provides evidentiary aids: a certificate purportedly signed by the chief executive stating matters such as whether a person was a licensee or the terms of a licence is evidence of those matters (section 51).

The Act imposes significant penalties for unlicensed activity. The maximum penalty for carrying out or advertising security provider functions without a licence is 500 penalty units for a first offence, 700 penalty units or six months imprisonment for a second offence, and 1,000 penalty units or 18 months imprisonment for a third or later offence (section 9(1)). The same penalties apply for engaging an unlicensed person (section 9(2)). These penalties apply to individuals and corporations alike. Breach of an imposed condition that is prescribed by regulation is an offence punishable by 40 penalty units (section 15(4)). Failure to return a suspended or cancelled licence when required by notice carries 20 penalty units (section 23(2)); failure to return a licence after automatic cancellation also carries 20 penalty units (section 24(2)). Licensees who fail to produce their licence when required face 20 penalty units (section 25A). Crowd controllers not wearing prescribed identification face 20 penalty units (section 47). Giving the chief executive a document known to be false or misleading in a material particular is an offence with a maximum penalty of 60 penalty units (section 49A); this does not apply if the person informs the chief executive of the falsity and gives correct information. Breach of confidentiality by those administering the Act carries 35 penalty units (section 48A(2)). Approved security industry associations that fail to give timely notice of membership endings face 20 penalty units (section 21A). Offences against the Act are summary offences (section 50). The enforcement framework is supplemented by the Fair Trading Inspectors Act 2014, which provides inspectors with common enforcement powers for this Act; those powers are in addition to and do not limit any powers the inspector may have under this Act (section 2A). The Act also provides a regulatory tool: the chief executive may suspend, cancel, or refuse to renew a licence on grounds including that the licence was obtained through materially incorrect or misleading information, contravention of the Act (including a code of practice) or a licence condition, commission of an offence under the Act, industrial law contraventions concerning underpayment of wages, non-membership of an approved security industry association, or that the licensee or another required person is not or is no longer an appropriate person (section 21). The non-membership ground only applies after 60 days have passed since membership lapsed or the commencement of the provision (section 21(2)). Charging a licensee with a disqualifying offence is a ground for suspension or refusal to renew until the proceeding ends (section 21(5)). The court may also impose a bail condition that the licensee not act as a security provider (section 21(6)). The show cause procedure under section 22 requires a written notice with at least 28 days for representations before any adverse action is taken. Automatic cancellation operates without a show cause process when a disqualifying offence conviction is recorded or a relevant control order arises (section 24). The chief executive may also require payment of reasonable costs of obtaining a criminal history report (section 12AA).

The Act expressly interacts with several pieces of legislation. The Fair Trading Inspectors Act 2014 (FTI Act) provides common enforcement provisions for this Act; the powers an inspector has under the FTI Act are in addition to and do not limit any powers under the Security Providers Act (section 2A). The Criminal Law (Rehabilitation of Offenders) Act 1986 is specifically referenced: a recorded conviction that is subject to section 6 of that Act must still be considered by the chief executive when determining appropriateness (section 11(4)(c)). The Act also references the Bail Act 1980: a court may impose a condition of bail that a licensee not act as a security provider (section 21(6)). Industrial relations legislation is relevant: conviction for an offence against the Industrial Relations Act 2016, section 928 (underpayment of wages) or contravention of an order to pay wages is a ground for suspension, cancellation, or refusal to renew a licence (section 21(1)(d)). For corporations, conviction under the Workplace Relations Act 1996 (Cwlth), section 719, or contravention of certain orders under that Act, is a ground (section 21(1)(e)). The Act references the Corporations Act for the definition of auditor in the private investigator context (section 6(5)). The Legal Profession Act 2007 defines Australian legal practitioner for the exclusion from private investigator definition (section 6(5)). The Public Sector Act 2022 defines independent investigator (section 6(5)). The Architects Act 2002 and Professional Engineers Act 2002 exclude architects and engineers from the definition of security adviser in certain circumstances (section 6A(2)). The Corrective Services Act 2006 excludes engaged service providers from being security officers (section 7(3)). The Transport Operations (Passenger Transport) Act 1994 excludes its authorised persons from being security providers (section 4(4)). The Casino Control Act 1982 excludes casino employees and key employees (section 4(3)). The Weapons Act 1990 is referenced in transitional provisions: for deciding whether an offence against section 51(1) is a disqualifying offence, an offence committed before the commencement of the Weapons Amendment Act 2011 cannot be taken into account (section 67). The QCAT Act governs the review process for licensing decisions (section 26). The Public Records Act 2023 does not apply to information obtained under sections 12 or 12A that must be destroyed (section 12B(8)). The Crime and Corruption Act 2001 is relevant: information given under that Act is excluded from information-sharing arrangements (section 48(5)). The Acts Interpretation Act 1954 provides that person includes a corporation (section 8 note). The Further Education and Training Act 2014 defines apprentice or trainee for the age exception in security equipment installer licensing (section 11(6)). The Act also interacts with the Criminal Code through schedule 1, which lists chapters that define disqualifying offences for the purposes of this Act.

The Act has been substantially amended since its original enactment in 1993. The most significant amendment was the Security Providers Amendment Act 2007 (No. 15 of 2007), which restructured the Act. It introduced the current definitions of bodyguard, security adviser, and security equipment installer, replacing the previous single crowd controller licence with separate categories (sections 4A, 6A, 6B). It inserted the concept of restricted and unrestricted licences (section 14B), set maximum terms (section 16), and introduced statutory conditions. It added Part 2A for temporary permits (sections 31A-31F). It amended penalty regimes for unlicensed activity, introducing escalating penalties for repeat offences (section 9). It also inserted the show cause procedure for amendment by the chief executive (section 18) and the requirement for approved training courses (section 11(2)(b)). In 2008, amendments (Nos. 26 and 69) further refined the training condition provisions, introduced the costs of criminal history reports (section 12AA), and made adjustments to the appropriate person test. In 2009, amendments (Nos. 2 and 24) added requirements for security industry association membership for security firm licence applicants (section 10(3B), 11(2)(c)), introduced the duty on associations to report membership endings (section 21A), and updated review provisions to refer to QCAT following the establishment of that tribunal. The Fair Trading (Australian Consumer Law) Amendment Act 2010 (No. 54 of 2010) inserted Part 2, Division 7 on fingerprint procedures (sections 27-31) and introduced the concept of relevant person (section 7A). It also added transitional provisions in Part 7 deferring fingerprinting requirements for renewal applications. The Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 (No. 64 of 2013) significantly amended the appropriate person test, adding disqualifying offences and relevant control orders as automatic bars (section 11(5)), and inserted new appeal provisions to the Supreme Court (later removed). It also amended section 12AA to apply to licensees and partnerships. The Fair Trading Inspectors Act 2014 (No. 8 of 2014) repealed the former Part 3 (which contained inspector powers and enforcement) and replaced it with the cross-reference to the FTI Act. In 2016, the Serious and Organised Crime Legislation Amendment Act (No. 62 of 2016) made major changes: it removed the Supreme Court appeal route for criminal intelligence matters, inserted a new confidentiality provision (section 48A), broadened the information-sharing power (section 48), and amended the appropriate person test to allow the chief executive to consider unrecorded findings of guilt and to require destruction of criminal history information (section 12B). It also added transitional provisions in Part 10. Later amendments include the Public Sector Act 2022 amendments updating references to independent investigator (section 6(5)). The Act's dictionary in schedule 2 has been amended multiple times to reflect these changes.

The Act provides a statutory right of review to QCAT for specified licensing decisions. Under section 26, applicants may apply to QCAT for review of a decision to refuse to grant a licence, to grant a licence other than the one applied for (including imposing a condition), or to defer a decision. Licensees may apply for review of decisions to amend a licence (or refuse to amend), to suspend or cancel a licence, to refuse to renew, or to refuse to replace a licence. The application must be made as provided under the QCAT Act (section 26(3)). The source text does not name any specific court or tribunal decisions interpreting the Act. However, the Act itself references litigation frameworks: the transitional provision in section 71 of the Serious and Organised Crime Legislation Amendment Act 2016 dealt with pending proceedings under the repealed section 26A (which had provided for Supreme Court review of decisions involving criminal intelligence). That transitional provision discontinued any proceedings before QCAT or the Supreme Court that had been started but not finally dealt with, and remitted the matter to the chief executive to decide again under the Act as in force after the commencement. It also required the return of any criminal intelligence to the commissioner. This indicates that prior to 2016, there had been litigation under the repealed appeal mechanism. Additionally, the Act contemplates that contravention of a condition of a licence (section 21(1)(b)) or commission of an offence against the Act (section 21(1)(c)) may lead to show cause proceedings and subsequent QCAT review. The evidentiary provisions in section 51 are designed to facilitate proceedings: a certificate signed by the chief executive stating matters such as whether a person holds a licence or the terms of a licence is evidence of those matters. The Act also provides that no appeal lies against the chief executive's decision to require relevant approved training on renewal (section 14B(5)-(6)) and that a court or tribunal must dismiss a proceeding started in contravention of that bar. The Act thus establishes a structured review pathway that channels disputes to QCAT, with the exception of the training condition decision which is expressly excluded from appeal.

Several provisions in the Act contain significant traps for practitioners and licensees. The requirement for fingerprinting of relevant persons is mandatory: the chief executive may not even consider an application unless each relevant person agrees to have their fingerprints taken by the commissioner (sections 10(8), 20(7)), and must refuse to grant or renew a licence if fingerprints have not been taken (section 28). A person who has previously had fingerprints taken under section 27 does not need to provide them again (section 10(10)), but the applicant must ensure that any new relevant person (such as a new officer of a corporation) complies. The appropriate person test includes unrecorded findings of guilt for a relevant offence (section 11(4)(d)). This means that even where a court has not recorded a conviction, the chief executive can consider the finding of guilt when assessing suitability. The automatic cancellation provision in section 24 is draconian: the licence is cancelled immediately upon a conviction for a disqualifying offence being recorded, or upon the licensee becoming subject to a relevant control order. There is no show cause process for this automatic cancellation. The licensee must return the licence within 14 days. The interaction between section 21 (grounds for suspension etc.) and section 24 is nuanced: conviction for a disqualifying offence is not a ground for cancellation under section 22 but instead triggers automatic cancellation under section 24 (section 21(3)). Members of an approved security industry association need to be aware that losing membership is a ground for suspension, cancellation, or refusal to renew, but only after 60 days have passed since the membership ended or the commencement of that provision (section 21(1)(f), (2)). However, the approved association itself must report the end of membership within 14 days of the month's end (section 21A). For security firm applicants, membership must be current at the time of application (sections 10(3B), 11(2)(c)). The statutory condition for unrestricted licences requiring completion of relevant approved training is not appealable (section 14B(5)-(6)). Any proceeding challenging it must be dismissed. Another trap: contravention of a code of practice, if prescribed by regulation, is a contravention of the Act and therefore a ground for suspension, cancellation, or refusal to renew under section 21(1)(b). The regulation-making power allows the Governor in Council to prescribe a code of practice (section 54(3)). The private investigator definition excludes employees of certain professionals, but only in carrying out the functions of that occupation. An employee of a legal practitioner who obtains private information outside that capacity could be caught. The private investigator exclusion also has a specific carve-out for information from existing records (section 6(2)(c)). The security equipment installer definition excludes the installation of basic security items as defined, but those items are limited (e.g., a portable safe weighing not more than 50 kg, a barrier security item, a basic household lock, a motion sensor light that does not activate an alarm) (section 6B(3)). Installing a more sophisticated alarm or access control system for reward would require a licence. The term reward is not exhaustively defined but is central to all definitions. A person who performs security functions as a volunteer (without reward) would not be captured, but any form of consideration could constitute reward. The prohibition on being entitled to reward without a licence (section 9(3)) operates despite any arrangement to the contrary, meaning a contract for unlicensed services would be unenforceable. Finally, the penalty for engaging an unlicensed person applies even if the engagement is indirect (section 9(2)). A company that contracts with a security firm that does not hold the appropriate licence (or whose employees are unlicensed) could face the same escalating penalties.

Compliance with the Security Providers Act 1993 requires proactive steps at the application stage and ongoing adherence to conditions and obligations. An individual intending to act as a security provider must first determine which category or categories apply: bodyguard, crowd controller, private investigator, security adviser, security equipment installer, or security officer. For a class 1 licence (other than a security firm or restricted licence), the applicant must have successfully completed an approved training course for each type of security provider function sought (section 11(2)(b)). The applicant must be at least 18 years old, except that an apprentice or trainee security equipment installer may obtain a class 2 licence at a younger age (section 11(2)(a)). The applicant must submit an application in the approved form with the prescribed fee, and must state the term (1 or 3 years) and each type of provider (section 10). If applying for a security officer licence, the applicant must also state the category of functions (section 10(3A)). For a security firm licence, the applicant must provide evidence of current membership in an approved security industry association (section 10(3B)). Each relevant person (the individual, or each officer/partner) must agree to fingerprinting (section 10(8)). The fingerprints are taken by the commissioner and used to verify identity and check criminal history (section 27). The chief executive will request a criminal history report from the commissioner (section 12). The applicant must pass the appropriate person test: the chief executive will consider dishonesty, harassment, bankruptcy, recorded convictions, unrecorded findings of guilt for relevant offences, and any information indicating a risk to public safety or that holding the licence would be contrary to the public interest (section 11(4)). A conviction for a disqualifying offence within ten years, or being subject to a relevant control order, is an automatic bar (section 11(5)). Once licensed, the licensee must comply with statutory conditions. For a restricted licence, functions are limited to those stated and must be performed under appropriate direct supervision (section 14B(1)). For an unrestricted licence, the licensee must complete any relevant approved training required in writing by the chief executive (section 14B(2)). The licensee must also comply with any imposed conditions stated on the licence (section 15(3)). Security firm licensees should note that the chief executive may impose a condition requiring them to monitor, at stated intervals, whether their employees who are security providers are complying with the Act (section 15(2)). Licensed crowd controllers must wear prescribed identification clearly visible while acting (section 47). All licensees should carry their licence or wear prescribed identification; if not wearing identification when dealing with a person, the licensee must produce the licence on request (section 25A). Licensees must not give false or misleading documents to the chief executive (section 49A). If an application for renewal is made before the licence ends, the licence continues until the chief executive decides (section 20(5)). The licensee must ensure continued membership of an approved security industry association if that was a condition of the licence (see section 21(1)(f)). Any change in criminal history (including the acquisition of a criminal record or becoming subject to a control order) should be noted; the commissioner may notify the chief executive (section 12A), but a prudent licensee would self-report to avoid the automatic cancellation provisions in section 24. If convicted of a disqualifying offence, the licence is automatically cancelled and must be returned within 14 days (section 24). Compliance also requires respecting the confidentiality provisions: any person involved in administration of the Act must not record or disclose confidential information except for authorised purposes (section 48A). Finally, the regulation-making power allows the government to prescribe codes of practice; licensees must comply with any such code, as contravention is a breach of the Act (section 21(1)(b)).