New visa requirements and licence eligibility provisions
New visa requirements
From 1 June 2023, security licence applicants who are not an Australian citizen or a permanent resident must hold either:
- a visa sponsored by a Master security licence holder, or
- a visa for a skilled occupation that corresponds to the activities authorised by the proposed licence.
If you hold a current security licence but don’t meet the new visa requirements you may retain and renew your licence. However, you won’t be eligible to reapply for a licence if your current licence expires, or it is surrendered, revoked, or ceases to be in force for any other reason.
Additional persons prohibited from applying for, or being granted, a licence
Security licence holders are in positions of trust, especially around children. Therefore, from 1 June anyone who is 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, will be ineligible to hold a security licence. Current security licensees affected by this change cannot renew their security licence.
SLED will also be able to ban a person from applying for a security licence for two years if they are refused a licence on fit and proper person or public interest grounds. The person will be notified of the ban in writing.
Additional persons ineligible to carry on prescribed work
Master licence conditions that restrict who may be provided to work in the cash-in-transit sector or any area which involves access to operational information relating to the licensee’s security business will be enhanced and expanded.
Under the amendments, Master licensees must not provide an ineligible person to carry on prescribed work. It will also be an offence for an ineligible person to carry on prescribed work.
From 1 June, a person will be an ineligible person if they:
- are not eligible to hold a security licence on criminal or other related history grounds, or
- have been refused a security licence on fit and proper person and public interest grounds in the previous five years, or
- have had a security licence revoked on fit and proper person or public interest grounds in the previous five years.
This does not apply if the refusal or revocation decision was overturned, or if a licence was subsequently granted to the person.
A definition of prescribed work will be introduced into the Act to support the changes and will mean:
- work in the cash-in-transit sector,
- work in any area involving access to operational information relating to the licensee’s security business,
- work requiring the person to:
- roster or schedule the carrying on of any security activity by a person who holds a class 1 or class 2 licence, or
- monitor the performance of a class 1 or class 2 licensee in carrying on a security activity.
Why have changes been made to visa requirements?
The changes will limit the type of visas acceptable for security licensing purposes. This will reduce the risk that a person with a serious overseas criminal record is granted a security licence, and ensures all applicants are subjected to adequate background and criminal history checks.
I'm a New Zealand citizen working in Australia. Will the visa eligibility changes affect me?
No, under the Security Industry Act 1997, New Zealand citizens are treated the same as Australian permanent residents, so these changes won't affect New Zealand citizens.
Will my security licence be revoked if I don't hold an acceptable visa?
No. If you hold a current security licence but don’t meet the new visa requirements you may retain and renew your licence. However, you won’t be eligible to reapply for a licence if your current licence expires, or it is surrendered, revoked, or ceases to be in force for any other reason.
You would become eligible to reapply for a licence if you obtained an acceptable visa or became an Australian citizen or permanent resident.
Why have provisions that restrict employment in prescribed areas of the security industry been expanded?
The provisions are designed to further protect the NSW security industry against infiltration by people with potential criminal links or intentions. They also ensure that sensitive information that may assist in planning and committing crimes doesn’t fall into the wrong hands.
Will Master licensees face enforcement action if they unknowingly employ an ineligible person to carry on prescribed work?
No. Enforcement action will not be taken if, after having made thorough inquiries, the Master licensee did not know that the person was an ineligible person and could not reasonably have been expected to know.
It’s recommended that before providing a person to undertake prescribed work, Master licensees should as a minimum:
- conduct a national criminal record check on the person, and
- check SLED’s public register of licences which will display if the person has had a licence revoked, and
- ask the person if they are an ineligible person.
The Master licensee must keep sufficient records to demonstrate that thorough inquiries have been made.
Will people who were employed to carry on prescribed work before 1 June 2023 have to meet the new eligibility criteria?
Yes, you must ensure that anyone you provide to carry on prescribed work meets the new eligibility criteria.
Why will I be prevented from reapplying for a licence for two years if my application is refused?
Security licensing is a high-risk licensing scheme focused on ensuring public safety. It is extremely important that all security licensees meet stringent probity requirements.
Once SLED has determined a person is unsuitable to a hold security licence on fit and proper person or public interest grounds, there is no benefit to allowing that person to continue to lodge further applications within a short period of time.
Will my licence be revoked if I am a registerable person under the Child Protection (Offenders Registration) Act 2000?
No. However, your licence cannot be renewed, and you won’t be eligible to reapply for a security licence.