Powers, Rights & Responsibilities

Security Acts and Legislation in NSW
If you are working or planning to work in the security industry in NSW, you need to be aware of the legal framework that governs your profession. There are several security acts and legislation that you must comply with, as well as some general laws that apply to your activities.
Here is a brief overview of the main ones:
Security Industry Act 1997
This is the primary act that provides for the licensing and regulation of persons in the security industry. It defines what constitutes a security activity, such as guarding, patrolling, installing, maintaining, or repairing security equipment, and locksmithing. It also sets out the offences, conditions, and procedures related to security activities and licences. For example, it is an offence to carry on unauthorised security activities without a licence, or to contravene the licence conditions.
The act also establishes the role and powers of the Commissioner of Police as the regulator of the security industry.

Security Industry Regulation 2016
This is the regulation that prescribes certain matters in relation to licences, visitor permits, uniforms, vehicle markings, records, incident registers, and penalty notices. It specifies the types of devices or equipment that are not considered security equipment under the act, such as basic household or automotive security items. It also exempts certain classes of persons from the requirement to hold a licence, such as police officers, emergency services personnel, or employees of public authorities.
The regulation also provides details on how to apply for a licence, what fees are payable, what grounds can lead to refusal or revocation of a licence, and what conditions apply to master licences and class 1 licences.

Security Industry Amendment Act 2022
This is the latest amendment to the Security Industry Act 1997, which introduces some changes to the act.
Some of the changes include:

• Expanding the definition of security activities to include cyber security services and electronic monitoring services.
• Increasing the penalties for certain offences under the act, such as carrying on unauthorised security activities or abusing the authority conferred by a licence.
• Requiring master licensees to have a cyber security policy that complies with the NSW Cyber Security Policy.
• Requiring master licensees to notify the Commissioner of Police of any cyber security incidents that affect their information or systems.
• Requiring master licensees to submit any firearms used for security activities for ballistics tests.

Privacy and Personal Information Protection Act 1998
This is a general law that regulates how personal information is collected, used, disclosed, and protected by public sector agencies. Personal information means any information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion. As a security professional, you may need to handle personal information in the course of your duties, such as when you conduct identity checks, record incidents, or use surveillance devices.
You must comply with this act and respect the privacy rights of individuals whose personal information you deal with.

NSW Cyber Security Policy
This is a policy that outlines the mandatory requirements for NSW Government departments and Public Service agencies to manage cyber security risks to their information and systems. It covers areas such as governance, risk management, incident management, awareness and education, and compliance reporting. As a security professional who provides services to NSW Government clients or works with NSW Government information or systems, you must adhere to this policy and follow its guidelines and standards.
These are some of the key security acts and legislation that you should be familiar with if you work in the security industry in NSW. For more information or advice on these laws and how they affect your profession, please contact us today.

How the LEPRA ACT affects the security industry in NSW
If you are a security officer in New South Wales, you need to be aware of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA), which is a law that sets out the powers and responsibilities of the NSW police force and other law enforcement officers. The LEPRA ACT may impact your work in the security industry in several ways, such as:

• Licensing requirements: You must have a licence under the Security Industry Act 1997 to carry out a security activity, such as guarding property, patrolling premises, providing personal protection or crowd control. You must also comply with the conditions and restrictions of your licence, such as undergoing approved training, assessment and instruction, and not subcontracting your work without authorisation.
• Apprehending offenders: If you apprehend an offender for an offence that you witness or reasonably suspect, you must follow the LEPRA ACT provisions on arrest, detention, use of force and searches. For example, you must inform the person of the reason for their arrest or detention, use only reasonable force to do so, and conduct searches only in certain circumstances and with respect for the person’s privacy and dignity.
• Carrying firearms: If you carry a firearm as part of your security activity, you must have a special condition on your licence that authorises you to do so. You must also follow the LEPRA ACT provisions on firearms storage, ballistics tests and uniforms. For example, you must store your firearm in a locked container when not in use, submit your firearm for ballistics tests when required by the Commissioner of Police, and wear a uniform that clearly identifies you as a security officer when carrying a firearm.
• Working at special events: If you work at a special event that is declared by the Commissioner of Police under the LEPRA ACT, you may encounter visitors who have a visitor permit that exempts them from the licensing requirements of the Security Industry Act 1997. These visitors may be security officers from other states or countries who are authorised to carry out security activities at the special event. You must respect their authority and cooperate with them as necessary.

The LEPRA ACT is an important law that aims to balance the rights and interests of individuals and the community with the need for effective law enforcement. As a security officer in NSW, you have a responsibility to comply with this law and to act professionally and ethically in your work. If you breach the LEPRA ACT or the Security Industry Act 1997, you may face penalties such as fines,  imprisonment or revocation of your licence.

How the Inclosed Lands Protection Act 1901 affects the security industry
If you work in the security industry, you may encounter situations where you have to deal with trespassers or intruders on private or public property. In New South Wales, the Inclosed Lands Protection Act 1901 is the main legislation that regulates the protection of enclosed lands from intrusion and trespass. In this blog post, we will explain what enclosed lands are, what offences and penalties apply to trespassers and intruders, and how the act relates to your role as a security worker.

What are enclosed lands?
According to the act, inclosed lands are any land, either public or private, that is enclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised. The act also includes prescribed premises such as agricultural land, child care services and hospitals.

Some examples of inclosed lands are:

• Farms, orchards, vineyards, feedlots and abattoirs
• Schools, universities, libraries and museums
• Hospitals, nursing homes and medical centres
• Child care centres, playgrounds and parks
• Shopping centres, cinemas and restaurants
• Office buildings, factories and warehouses
• Residential properties, apartments and hotels

What are the offences and penalties under the act?
The act specifies various offences and penalties for unlawful entry, re-entry, offensive conduct and aggravated unlawful entry on enclosed lands.
The offences and penalties are:

• Unlawful entry: Entering enclosed lands without lawful excuse. Penalty: $550 fine.
• Unlawful re-entry: Re-entering inclosed lands within 12 months after being directed to leave by the owner or occupier. Penalty: $1,100 fine.
• Offensive conduct: Conducting oneself in an offensive manner while on inclosed lands. Penalty: $1,100 fine.
• Aggravated unlawful entry: Entering inclosed lands with the intention of committing an indictable offence or hunting game. Penalty: $5,500 fine.

The owner or occupier of enclosed lands may also sue trespassers or intruders for civil damages if they cause any damage or injury to the property or persons on the enclosed lands.

How does the act relate to your role as a security worker?
As a security worker, you may be authorised to apprehend offenders who unlawfully enter or conduct
themselves offensively on inclosed lands. You may also be exempt from the offences under the act if
you have a reasonable excuse for entering or remaining on enclosed lands, such as carrying out
permitted union activities or industrial action.

However, you should also be aware of your rights and responsibilities when dealing with trespassers
or intruders on inclosed lands. Here are some tips to help you avoid legal trouble:

• Always check if the land you are entering or working on is enclosed or not. Look for signs, fences, walls or natural features that mark the boundaries of the land.
• Always obtain permission from the owner or occupier of the land before entering or working on it. If you are unsure who the owner or occupier is, contact the local council or land registry office for information.
• Always respect the rights and privacy of the owners or occupiers of the land. Do not enter their premises without their consent or cause any damage or disturbance to their property or persons.
• Always follow the directions of the owners or occupiers of the land. If they ask you to leave their land, do so immediately and peacefully.
• Always report any trespassers or intruders on inclosed lands to the police. Do not use excessive force or violence to apprehend them unless it is necessary for self defence or defence of others.
• Always keep records of your activities on inclosed lands. Document any incidents involving trespassers or intruders and provide evidence if required.

We hope this blog post has helped you understand how the Inclosed Lands Protection Act 1901 affects your role as a security worker. If you have any questions or need any advice on security matters, please contact us at info@cerberussecurity.com.au or 1300 4 Cerberus. We are here to help you with all your security needs.

How the Surveillance Devices Act 2007 (NSW) affects the security industry
Are you working in the security industry or planning to join it? If so, you need to be aware of the laws that regulate your profession and protect your clients’ privacy. In this post, we will give you a brief overview of the Security Industry Act 1997 (NSW), the Security Industry Regulation 2016 (NSW), and the Surveillance Devices Act 2007 (NSW).
The Security Industry Act and Regulation require you to have a licence if you carry on any security activities, such as providing security services, installing security equipment, or providing security training. You can apply for a licence from the Security Licensing and Enforcement Directorate (SLED) within the NSW Police Force. Your licence may have certain conditions, such as wearing a uniform, carrying firearms, or undergoing approved training. You must comply with these conditions and any other obligations under the Act and Regulation, or you may face penalties.
The Surveillance Devices Act prohibits you from installing, using or maintaining any surveillance devices without consent or authorisation. A surveillance device is any device that can monitor or record data, sound, images or location. The Act provides exceptions for law enforcement agencies and certain other persons who have a warrant or an emergency authorisation to use surveillance devices for criminal investigations. The Act also protects the privacy of individuals by restricting how you can use, communicate or publish any information obtained by surveillance devices.
These laws are important to ensure that the security industry operates in a professional and ethical manner, and that the privacy of individuals is not unnecessarily violated. If you have any questions or concerns about these laws, you can contact SLED or seek legal advice. You can also report any breaches of these laws to SLED or the NSW Police Force.