Revocation of Security Licence
The law provides that a security licence holder who is convicted of certain offences or receives a fine of $200 or more for certain offences, or in some circumstances is found guilty of an offence without a conviction being recorded – must not hold a security licence. Offences include categories of assault, firearms, drugs, stalking and intimidation.
We often act for security guards charged with assault related matters – acting as guards when they are confronted by intoxicated people – frequently leading to physical contact. These charges are normally defended on the basis of self defence.
The Security Industry Registry is often quick to revoke the security licence which prevents the holder from earning an income – prior to the criminal charges being determined by a court. What ever happened to the presumption of innocence?
If your Security Licence has been revoked, time limits apply in which you can seek a review of the decision. If the internal review is unsuccessful, application can be made to the Administrative Decisions Tribunal.
Examples of prosecutions that we frequently and successfully defend include:
- Assault and related charges upon security guards
- Allegations of a security guard with a probationary licence not being properly supervised
- Allegations of security guards not complying with Security Regulations
We have obtained Costs Orders against police on numerous occasions after successfully defending these types of matters.
Licensing Breaches
Licencees are frequently prosecuted for an alleged breach of their Licence Conditions.
Quite often, the allegations are trivial.
Examples include breaches for supplying full bottles of alcohol to a patron (when there was evidence the patron hid the bottle and brought it onto the licensed karaoke premises); failing to provide adequate security; failing to display a copy of a Master Licence; Failing to have a RSA certificate of an employee in a register.
