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Then and Now - ASIAL Australian Security Industry Association

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CELEBRATING 40 YEARS<br />

CELEBRATING 40 YEARS<br />

<strong>ASIAL</strong> 1969-2009<br />

THEN AND NOW:<br />

LICENSING AND TRAINING<br />

By Rod Cowan*<br />

76 //SECURITY INSIDER AUG/SEPT 2009


THEN AND NOW: <strong>ASIAL</strong><br />

<strong>Security</strong>, in its infancy, had little in the<br />

way of licensing, with security<br />

operatives lumped in with private<br />

investigators <strong>and</strong> debt collectors under<br />

various private inquiry agents‚ acts.<br />

Until well into the 80s’ obtaining a licence was as simple as<br />

filling out a form’ paying a fee, <strong>and</strong> taking it to a local licensing<br />

sergeant at times a case of VB could expedite matters after<br />

which you could strap a gun to your hip <strong>and</strong> protect premises,<br />

go on patrol <strong>and</strong> provide cash carrying services; businessmen,<br />

such as caravan park owners, were known to some to carry<br />

concealed .357 Magnums for “personal protection”.<br />

NSW was the first State to enact industry specific<br />

legislation, when the then police minister, Peter Anderson (now<br />

head of Macquarie University’s Centre for Police, Intelligence,<br />

<strong>and</strong> CounterTerrorism), introduced the <strong>Security</strong> (Protection)<br />

<strong>Industry</strong> Act 1985.<br />

At association <strong>and</strong> institute meetings, the talk was of the<br />

lack of consultation with industry claims Anderson rebuts but<br />

the big question being whether there would be a gr<strong>and</strong>father<br />

clause allowing those who had been in the industry for some<br />

time to skip the required two days training (with an additional<br />

day for firearms). As it happened, many security officers<br />

welcomed the training, saying it helped them underst<strong>and</strong> the<br />

job <strong>and</strong> their legal rights much better. Far from the new<br />

licensing requirements sounding the industry’s death knell, as<br />

predicted, it spawned a whole new industry in security training<br />

only a few companies offered such training before <strong>and</strong> a new<br />

revenue stream for off-duty coppers working as trainers or<br />

running their own training companies. Course material had to<br />

be approved by the police licensing branch <strong>and</strong> run by a<br />

sergeant (who said his qualifications for assessing training was<br />

his training as a fitter <strong>and</strong> turner).<br />

The next major turning point came in the mid 90s’ when<br />

<strong>ASIAL</strong>, mainly through the work of its then president Larry<br />

Circosta, developed a sophisticated model of co-regulation.<br />

continued page 78><br />

SECURITY INSIDER AUG/SEPT 2009// 77


THEN AND NOW: <strong>ASIAL</strong><br />

1960s > 1970s > 1980s > 1990s<br />

Circosta’s success in getting the attention of regulators helped<br />

at a Federal level by South <strong>Australian</strong> senator, Nick Minchin, son<br />

of <strong>ASIAL</strong>’s first president, Devon Minchin was highlighted in<br />

1996, when he presented plans for industry regulation to a<br />

national meeting of chief police officers, which were met with<br />

nodding approval.<br />

By now, a hotchpotch of laws <strong>and</strong> regulations had developed<br />

in all eight <strong>Australian</strong> jurisdictions, with NSW, SA, <strong>and</strong> WA<br />

providing the most comprehensive licensing regimes, while<br />

other States <strong>and</strong> Territories overlooked key areas, such as<br />

locksmiths <strong>and</strong> alarm monitoring centres.<br />

A 1997 NSW Act, based on the <strong>ASIAL</strong> co-regulation<br />

model, including a Master Licence scheme with m<strong>and</strong>atory<br />

membership of an accredited industry body (seen as a core<br />

element in ensuring compliance <strong>and</strong> st<strong>and</strong>ards), was hailed<br />

as ground-breaking, attracting international attention <strong>and</strong><br />

praise from delegates from as far afield as the US, UK,<br />

Denmark <strong>and</strong> China.<br />

The wheels began to wobble, however, when under the guise<br />

of competition, non-security associations were allowed to apply<br />

for accreditation by late 1999 there were 10 such bodies.<br />

<strong>Then</strong>, despite the success of security operations for the<br />

Sydney 2000 Olympics, including temporary licensing schemes<br />

<strong>and</strong> close co-operation between police <strong>and</strong> private security,<br />

goodwill towards the industry quickly dissipated. Media<br />

reporting of assaults, criminal activity, poor st<strong>and</strong>ards, <strong>and</strong><br />

incompetency reached a crescendo in 2004, with the death of<br />

cricketer David Hookes during an altercation with a door<br />

controller outside a Melbourne pub, <strong>and</strong> a Sydney cash-intransit<br />

guard shooting a robber fleeing the scene. In both cases,<br />

the security personnel were found not guilty in subsequent<br />

prosecutions. Nonetheless, negative reports continued<br />

unabated. In Adelaide, authorities voiced concern over bikie<br />

gangs allegedly infiltrating the nightclub scene, selling illegal<br />

drugs, laundering money <strong>and</strong> stirring up violence. Numerous<br />

firearms thefts from security guards prompted the NSW Premier<br />

Bob Carr to push for“vigorous reform” of the industry, telling<br />

ABC radio:“I‚ve got no respect for the security industry with my<br />

full support, the police minister, John Watkins, has been treating<br />

them pretty roughly I think the way they’ve h<strong>and</strong>led weapons, for<br />

example, the sort of security they’ve applied, has been<br />

shameful.<br />

The inevitable response was for politicians to order wholesale<br />

reviews of security legislation, resulting in ongoing amendments<br />

<strong>and</strong> changes to laws. Such changes had little consistency, <strong>and</strong><br />

created all manner of practical difficulties, such as in<br />

photographing, fingerprinting, <strong>and</strong> record checks slowing to<br />

bring outst<strong>and</strong>ing applications to unacceptable levels.Tensions<br />

between regulators <strong>and</strong> industry began to grow.The Victorian<br />

licensing regime, for example, with its dual system licensing for<br />

some, registration for others was described by <strong>ASIAL</strong>’s President<br />

78 //SECURITY INSIDER AUG/SEPT 2009<br />

<strong>Security</strong> is still not there, yet. But if on track, COAG’s<br />

efforts around security guarding could see st<strong>and</strong>ard<br />

licensing categories, probity checks, competencies,<br />

skills, <strong>and</strong> mobility in force by January 2010.<br />

as “ill-considered, unworkable <strong>and</strong> driven politically”.<br />

While the pugnacity of <strong>ASIAL</strong>’s former CEO,Terry Murphy, has<br />

since given way to its current CEO Bryan de Caires’s consensus<br />

building approach, <strong>ASIAL</strong> continues to work with States <strong>and</strong><br />

Territories towards creating nationally consistent co-regulatory<br />

models of licensing.<br />

But, federal mutual recognition activity could well see the<br />

most far-reaching changes.<br />

Already, in 2005, a special meeting of the Council of<br />

<strong>Australian</strong> Governments (COAG) on counter terrorism had put in<br />

train a raft of changes, affecting CCTV, monitoring, training <strong>and</strong><br />

licensing.<br />

Based on the Mutual Recognition Act 1992, which enables<br />

ministers from two or more states or territories to jointly declare<br />

occupations equivalent, <strong>and</strong> the conditions needed to achieve<br />

equivalence, a February 2006 COAG meeting agreed to new<br />

measures to enable people with trade qualifications to move<br />

more freely around Australia, without additional testing <strong>and</strong><br />

registration, saying full mutual recognition of vocational licences<br />

should be in place by December 2008.<br />

<strong>Security</strong> is still not there, yet. But if on track, COAG’s efforts<br />

around security guarding could see st<strong>and</strong>ard licensing<br />

categories, probity checks, competencies, skills, <strong>and</strong> mobility in<br />

force by January 2010.<br />

Which would be, after all, only 10 years longer than any real<br />

progress on a national railway gauge.

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