SLED, on behalf of the Commissioner of Police, carefully assesses each security licence application to ensure licences are only granted to, and continue to be held by, people eligible and suitable to do so.
There are some situations, known as mandatory grounds, in which SLED must refuse or revoke a security licence.
Master Licence Applications
SLED must refuse your application, or revoke your Master licence, if you or a close associate at any time in the three years immediately before the application for the licence (or during the term of the licence) was:
- An undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors
- Concerned in the management of a corporation that was the subject of a winding up order or when a controller or administrator was appointed.
These mandatory grounds apply unless you can prove you took all reasonable steps to avoid the bankruptcy, liquidation or administration.
SLED must refuse a corporation’s application, or revoke its Master licence, if:
- It is the subject of a winding up order for which a controller or administrator has been appointed, or
- At any time in the three years immediately preceding the application for the licence (or during the term of the licence) it was subject of a winding up order or a controller or administrator was appointed.
Operative Licence Applications
SLED must refuse your application if you:
- Are not 18 years of age or older
- Are not an Australian citizen, permanent Australian resident
- Don’t hold a visa sponsored via a Master licence holder or a visa for a skilled occupation that corresponds to the licence subclass you’re applying for
- Are not a fit and proper person to have a security licence
- Are a registrable person or corresponding registrable person within the meaning of the Child Protection (Offenders Registration) Act 2000, and has reporting obligations under that Act
- Do not have the required training and experience for your security licence subclass
- Have been convicted of a prescribed offence in the 10 years before you applied
- Have been found guilty of a prescribed offence with no conviction recorded in the five years before you applied.
- Do not satisfy all eligibility requirements.
Prescribed Criminal Offences
There are criminal offences prescribed in security industry legislation that automatically exclude you from entering the security industry.
You cannot be granted a security licence if you have been convicted of a prescribed offence in the past 10 years or found guilty with no conviction recorded within the past five years.
Offences that automatically disqualify an applicant include those involving:
- Violence, fraud, dishonesty or stealing
- Riot or affray
- Stalking or intimidation
- Possession or use of a firearm or other weapon
- Prohibited drugs, prohibited plants, psychoactive substances or prescribed restricted substances
- Organised criminal groups.
The following offences apply to Class 2E (Private Investigator) licence holders only:
- an offence under the Surveillance Devices Act 2007, Part 2, or a similar offence under the law of another Australian jurisdiction
- an offence under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth
Existing licence holders will have their licence revoked if they are found guilty of a prescribed offence.
Further details can be found section 16 of the Security Industry Act 1997 and clause 15 of the Security Industry Regulation 2016.
Right of review
When your licence application is refused or your licence is cancelled, you’re informed either in person or via a Refusal letter.
You are given reasons why the application was refused, or why your licence was revoked, and given details about your right of review.
The right of the review allows you to request an internal review of the decision to refuse your application or to revoke your licence. You have 28 days to make a written application for an internal review, which is completed within 21 days of the receipt of your request.
You can also request an administrative review of the decision by the NSW Civil and Administrative Tribunal (NCAT). Contact NCAT on 1300 006 228 or visit ncat.nsw.gov.au.
If your application for a licence was made under the Mutual Recognition Act 1992, you can apply for a review of the decision by the Commonwealth Administrative Appeals Tribunal (AAT) not NCAT. You have 28 days from the date of the notification letter to lodge an application with AAT for a review of the decision. Contact AAT on 1800 228 333 or visit www.aat.gov.au.