Security Insider April-June 2022

Vol.28 | Issue 2 | April–June 2022

THE MAGAZINE FOR SECURITY PROFESSIONALS

ASIAL AUSTRALIAN SECURITY CONFIDENCE INDEX Fear of a cyber attack the number 1 fear among Australians To view the full report go to: www.asial.com.au/asci

IN THIS ISSUE

Page 12

ASIAL SECURITY INDUSTRY LICENSING REPORT 2022

FACIAL RECOGNITION TECHNOLOGY FOR THE SECURITY INDUSTRY

CONTRACTOR OR EMPLOYEE? THE HIGH COURT RULES

2022 ASIAL EVENTS CALENDAR

Page 18

Page 24

Page 28

Page 35

A DV E RT ORIAL

SOLID PROTECTION AON & ASIAL Combined Security Liability

Security and the safety of other people’s property is your business.

Protecting your business is equally important. AON has over thirty (30) years’ experience working with the Security Industry and has designed specific insurance cover that aims to meet the needs of security businesses. We have an in-depth knowledge of the risks associated and the insurance programs required to help reduce your exposure.

The difference is clear, speak to Michael Pham your AON Relationship Manager for ASIAL Members for an obligation free quote and get the peace of mind you deserve.

Michael Pham AON Security Client Manager 02 9253 7326 Michael.pham@aon.com

GENERIC SECURITY LIABILITY • Standard $10 Million Public & Products Liability • Significant excess for contractor and or sub-contractors ($25,000) • Exclusion for use of guns and dogs • No cover for Financial Loss • Loss of Keys not included • Loss of Money not included • No Cover for Cash In Transit / Cash in Safe • Limited Business Activity available to be covered.

AON & ASIAL POLICY HIGHLIGHTS Designed specifically for security organisations and Approved by the Australian Security Industry Association

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APRA (Australian Prudential Regulation Authority) authorised insurer – Liberty International Underwriters.

Tailored Business Activity to capture your risk associated to your unique security activities Financial Loss Liability (Errors & Omissions) is Automatically included up to $2,000,000 Loss of Keys Cover Automatically included up to $500,000 Loss of Money Cover Automatically included up to $100,000 Cover for the use of guns and dogs automatically included $1,000 excess for crowd control/assault claims, our competitors impose a $5,000 excess for claims of this nature No injury to contractors/sub-contractors excess, otherwise known as worker to worker excess, our competitors impose a $25,000 excess for claims of this nature Civil Liability Professional Indemnity included as an optional extension Statutory Fines & Penalties included as an optional extension Cover for Cash in Transit / Cash in Safe optional extension

2 SEC UR IT Y IN S IDE R | A PRI L –JU NE 2022

Contents Vol.28 | Issue 2 | April–March 2022

ASIAL AUSTRALIAN SECURITY CONFIDENCE INDEX 2022

12 18 ASIAL SECURITY INDUSTRY LICENSING REPORT 2022

24

28

FACIAL RECOGNITION TECHNOLOGY FOR THE SECURITY INDUSTRY: HOW TO GET IT RIGHT

CONTRACTOR OR EMPLOYEE? THE HIGH COURT RULES

04 PRESIDENT’S MESSAGE

32

WELCOME TO OUR NEW MEMBERS

06 HIGH COURT DECISION – CONTRACTOR OR EMPLOYEE?

33

ASIAL MEMBER RECOGNITION PROGRAM RECIPIENTS

06 ASIAL SMALL BUSINESS HR HANDBOOK

34

ASIAL GRADED SECURITY MONITORING CENTRES

08 REVIEW OF BANKNOTE DISTRIBUTION ARRANGEMENTS

35

2022 ASIAL EVENTS CALENDAR

ASIAL STRATEGIC PARTNERS

rsonal needs, r the relevant Product

SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 3

Editorial and Advertising Security Insider is published by The Australian Security Industry Association Limited PO Box 1338 Crows Nest, NSW 1585 Tel: 02 8425 4300 | Fax: 02 8425 4343 Email: communications@asial.com.au

President’s Message As a father of three sons living in Sydney, with a career in the security industry, security is always on my mind.

COVID, overseas conflicts, floods across the East Coast of Australia; it’s a lot to think about. Security is a basic human right, an expectation in Australia. In his 1943 paper “A Theory of Human Motivation”, American Abraham Maslow theorised a five-tier model of human needs within a pyramid, known as Maslow’s Hierarchy of Needs. Maslow concluded that the basic motivation needs for humans were firstly physiological needs and secondly the need for human safety. Maslow stated adults that are threatened by their safety may not show their feelings to others.

Maslow’s theory can lead us into the way we think about the value of security to our current and prospective customers. Is private security driven by an organisation’s mandatory requirements, such as insurance requirements or government mandates?

Or is the value of security driven by physiological and human safety needs?

Over the past two years, as an industry we have transformed the way we deliver new technology and services. In particular, the way we’ve kept people safe through temperature scanners, increased protective services and touchless access control technologies.

With office occupancy remaining low, even though Australia is one of the top 10 vaccinated countries in the

Web: www.asial.com.au Publisher

world, organisations are looking at ways to bring back their employees to the workplace. I read an article recently where an organisation transformed their workplace into a hotel-like environment, with an onsite barista, full-time chef, gym and yoga facilities. This article suggests that organisations are willing to spend money on innovative solutions which bring back people to the workplace. Innovations in security are no different, as long as the organisation knows what is available. Unlike buying a television, decision makers generally don’t wake up one Saturday morning wanting to buy the latest security technology. On the contrary, we can all use this time as an opportunity to actively promote the latest security technologies which support a safe workplace. At the same time, remembering Maslow’s physiological and human safety needs that were true around 80 years ago, are still the same today. After all, humans may be driving tractors now instead of ploughing the land by hand but our basic needs haven’t changed.

Until next time, thanks for supporting ASIAL, let’s continue to play our part in keeping ‘A safe and secure Australia’. See you at the next ASIAL industry briefing.

Editor Bryan de Caires Editorial Enquiries communications@asial.com.au Advertising Marketing Communications advertising@asial.com.au Graphic Design + Digital Mitch Morgan Design 0402 749 312 mitch@mitchmorgandesign.com www.mitchmorgandesign.com Editorial Contributors Rob Watts and Tony Porte (Corsight AI), and Chris Delaney.

Print + Distribution CMYKHub Pty Ltd Published quarterly Estimated readership of 10,000 Views expressed in Security Insider do not necessarily reflect the opinion of ASIAL. Advertising does not imply endorsement by ASIAL, unless otherwise stated with permission.

All contributions are welcomed, though the publisher reserves the right to decline to publish or to edit for style, grammar, length and legal reasons.

Press Releases can be emailed to: communications@asial.com.au.

Internet references in articles, stories and advertising were correct at the time of printing. ASIAL does not accept responsibility for its leading views.

Copyright©2021 (ASIAL) All rights reserved. Reproduction of Security Insider magazine without permission is strictly prohibited.

Security Insider is a subscription-based publication, rates and further details can be found at www.asial.com.au.

John Gellel President

NEXT ISSUE: JULY-SEPTEMBER 2022 Printed ISSN 1442-1720 Digital ISSN 2207-8282

4 SEC U R IT Y IN S IDE R | A PRI L –JU NE 2022

17-19 AUGUST 2022 | ICC SYDNEY

A New Way to Connect

The inaugural Security Industry Forum this 22 September 2022, offers you a unique opportunity to get your brand exclusive exposure to Victoria’s key security buyers and maintain your brand presence year-round.

FIND OUT MORE AT:

securityexpo.com.au/exhibit/ security-industry-forum/

Grow your brand potential at Australia’s leading industry event For over three decades the Security Exhibition & Conference has been the most established and respected trade event for the security industry in Australia, bringing together the full spectrum of manufacturers, distributors, security professionals and end users.

Position your business and amplify your brand among the industry’s most powerful influencers. Network with the most established names, discover the latest technology and create profitable opportunities.

CONTACT THE TEAM P 1300 DIVCOM (1300 348 266) E securityexpo@divcom.net.au W securityexpo.com.au

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#Security2022 SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 5

INDUST RY NE W S

HIGH COURT DECISION CONTRACTOR OR EMPLOYEE? Following on from Workpac and Rossato and Workpac and Skeen, the High Court has handed down 2 judgements significantly changing the approach to determining the nature of the relationship between a principal/employer and contractor/employee.

The decision(s) emphasise the terms of the Contract as indicative of the intent and reality of the relationship.

However, simply asserting in a contract that a worker is a contractor won’t make it so - an assessment of the relationship still needs to be undertaken based on the terms of the contract. Central to the analysis are the questions of who controls the work (and how it is to be performed) and the extent to which a worker can be said to operate an independent enterprise.

What employers should now consider carefully: •

•

•

clearly record the terms and conditions of the engagement and the rights and responsibilities which form the relationship in a written contract from the beginning; just calling it a ‘contractor’ will not suffice, if the agreement contains terms which are typical of an employment relationship; and when engaging an independent contractor, the contract minimises the level of control and direction the principal has over the worker’s performance of their services.

For a more in depth article turn to page 28.

Review of Privacy Act In its submission to the Federal Attorney General, ASIAL has stated the critical importance for entities to maintain the right of capture, storage and retrieval of data to protect the right of an entity and to ensure appropriate information is captured to maintain the security of property, persons, and matters associated with critical infrastructure, criminality and to support counter terrorism strategies.

ASIAL considers that the collection and disclosure of personal information be supported by the principle of “legitimate interest” underpinned by a “fair and reasonable in the circumstances” application of the Privacy Act and the Australian Privacy Principles.

MORE INFO Go to the Member area.

6 SEC UR IT Y IN S IDE R | A PRI L – JU NE 2022

SECURITY 2025 REPORT Members are reminded that the Security 2025 project prepared for ASIAL by the Australian Security Research Centre is available free of charge to all ASIAL members.

The report provides a profile of where the industry is currently and offers a roadmap of where the Private Security industry is heading – which members, of all sizes, can apply as part of their business planning process.

MORE INFO asial.com.au/security2025

ASIAL Small Business HR Handbook Free of Charge to ASIAL Members Starting up and/or running an SME can be challenging. Ensuring compliance with complex laws, regulations and licensing can be daunting for even the most experienced business operators.

The ASIAL Small Business Human Resources Handbook has been developed to provide practical guidance and templates for SMEs across most areas of workplace relations, including: • • • • • • •

Employing the right people Recruitment and selection Pay, Pay-slips and Employment Records Leave Entitlements Performance Appraisal Process Performance Improvement Disciplinary Action and Dismissal of Employees

Plus, much more. The ASIAL Small Business HR Handbook is free of charge to ASIAL members. To access the Handbook go to the ASIAL member area.

ASIAL members can get 20% off the initial implementation costs when signing up as a new simPRO customer.

To learn more, head to simprogroup.com/asial-2022

INDUST RY NE W S

SECURITY 2022 EXHIBITION & CONFERENCE

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Review of banknote distribution arrangements ASIAL has lodged a submission to the Reserve Bank review of banknote distribution arrangements calling for a strategic plan for the payments ecosystem to ensure the availability of a viable, efficient and sustainable cash distribution system.

As the payments ecosystem evolves, the use of cash in Australia is changing. Whilst the use of cash as a means of payment for retail transactions has fallen over the past decade (driven in part by the decline in the use of cash during the COVID-19 pandemic), demand for banknotes remains strong.

As the recent Payment Systems Review acknowledges, cash remains an important payment mechanism for many members of the community.

Cash will remain an important method of payment well into the future for vulnerable consumers, regional communities and many businesses. Cash also serves as an important back-up form of payment that is not tied to the digital economy should there be cyber-attacks, natural disasters, power or network outages.

Cash users across different demographic groups should have the right to choose their payment method of preference, whether cash, online, mobile or card payments, or any combination of these.

8 SEC UR IT Y IN S IDE R | A PRI L – JU NE 2022

The Security Exhibition & Conference is the premier trade event for the security industry in Australia, bringing together the full spectrum of suppliers, industry professionals and end users to connect and create profitable opportunities.

This year for the first time ever the Security Exhibition & Conference will be co-located with Integrate, Australia’s premier audio visual and integration exhibition, to offer more innovation and education across the growing synergies between the security and AV sectors.

As Lead Industry Partner, ASIAL working in partnership with Diversified Exhibitions Australia continues its long association with the premier security industry event in Australia.

MORE INFORMATION: asial.com.au

The fall in the use of cash has resulted in a significant reduction in the lodgement of cash deposits and ATM withdrawals. Given the high fixed costs involved in operating a cash distribution system, the significant reduction in volumes of cash transactions has impacted operational efficiency and cost-effectiveness.

This has acutely impacted the operation and profitability of CIT providers.

As legal tender, cash is a core part of Australia’s national infrastructure and not just a commercial issue. Consumers should be entitled to have freedom of choice when it comes to whether or not they use cash, and that none in the community should be left behind or disadvantaged by technological change.

Having this choice is predicated on access to cash, acceptance of cash and a viable cash infrastructure.

ASIAL’s submission calls for a more holistic approach given that cash distribution is a critical function in the payments ecosystem and greater engagement with key stakeholders to ensure the availability of a viable, efficient and sustainable cash distribution infrastructure. In addition to calling for a greater role for government, ASIAL has sought that all parties involved in the cash distribution should be required to verify cash in circulation to the same agreed standard. Unless this is done, the spectre of fraudulent notes in circulation will serve to devalue/undervalue the currency).

ASIAL will continue to engage with the Reserve Bank to advocate on behalf of Cash In Transit operators.

NEW SECURITY STANDARDS Two new security standards were published at the end of March 2022.

• AS/NZS 2201.2 Intruder alarm systems, Part 2: Monitoring centres • AS5350.1 & ASI5350.2 Privately contracted security and detection dogs

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SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 9 SEC U RIT Y INSIDER | OCTOBER–DECEMB E R 2 0 2 1 9

I NDUST RY NE W S

Victorian Paid Sick Leave for Casuals and Contractors A new scheme that would give casual employees access to sick leave is destined to be a nightmare for employers. Announced on 14 March, the Victorian Sick Pay Guarantee will provide eligible casual and contract workers, in security, cleaning, hospitality and several other occupations, up to five days’ sick or carer’s leave at the national minimum wage.

The Victorian State Government will administer and fund the first two years of the program and employers are destined to pay for it after that.

The government expects the program to produce a reduction in workplace injuries and illness, improve productivity, and lower staff turnover rates.

“The scheme is not going to achieve the expected outcomes for the security industry,” says Chris Delaney, ASIAL’s Industrial Relations Advisor. “It is clear that the Government does not understand how the industry works and have not given proper consideration to the 25% loading already paid to casuals for unpaid leave.”

This is an extra (unnecessary) burden employers in Victoria will have to bear after already paying for it in the casual loading. “In my opinion the scheme is ill conceived and will be an administrative nightmare, and should be scrapped,” Delaney said.

10 SEC U R IT Y IN S IDE R | A PRI L – JU NE 2022

ACCESS AND AVAILABILITY TO CASH The Australian Security Industry Association Limited (ASIAL), Australian Council of Social Service (ACOSS), ATM Industry Association (ATMIA) and the Council of Australian Small Business Organisations Australia (COSBOA) have called on the Australian Government to engage with key stakeholders to develop a strategy for evolution of the payments ecosystem to ensure that we do not leave anyone behind.

In June 2021, the Australian Government released its review of the regulatory architecture of Australia’s payments system (Payments System Review – from system to ecosystem). Among the issues identified in the review included access and availability to cash across the economy as the use of cash falls.

The report acknowledges that as the payments ecosystem evolves, it is important to transition away from legacy systems in a managed and orderly way. “The vulnerable and those without access to digital payment technologies should have suitable alternative payment methods that they can rely on, so they are not ‘locked out’ of the broader economy.”

In planning and preparing for the evolution in the payments ecosystem it will be important to ensure that consumers always have true payment choice and that none in the community are left behind or disadvantaged by technological change.

Whilst cash transactions have fallen, the review acknowledges that cash will remain an important method of payment well into the future, not only for vulnerable consumers and regional communities, but as an important back-up form of payment not tied to the digital economy should there be cyber-attacks, natural disasters or power outages. Cash users in different demographic groups should have the right to choose their payment methods of preference, whether cash, online, mobile or card payments, or a combination of any.

In planning for the evolution of the payments ecosystem, it is vital to ensure the availability of a viable and efficient cash distribution infrastructure. To achieve this, we are calling on the Australian Government to engage with key stakeholders to ensure that we do not leave anyone behind and that consumers and business are provided with greater certainty regarding availability and access to cash.

A DV E RTO RIAL

MEASURING THE PERFORMANCE OF YOUR SUPER The main outcome you look for when investing is to gain a return on the investment, and the same approach applies when investing members super at AustralianSuper.

There are many ways to measure returns and compare performance when looking into how your super is invested.

DIFFERENT TYPES OF RETURNS Your investment return is the amount that an investment earns over time. When looking at the performance of your super, knowing the different types of returns helps you to compare returns to a benchmark or to compare investment options.

A key difference between common return measurements is the treatment of fees. Fees are very important to understand when it comes to investing as they can reduce your return, for example: • Gross Investment Return is the return of an investment before investment fees, administration fees or taxes are deducted.

• Net Investment Return is the performance of the investment after investment fees, transaction costs and taxes are deducted.

• Crediting Rate Return provides the rate for investment earnings that are credited to your account and used for calculating your estimated balance.

• Net Benefit is the return after investment fees, transaction costs, administration fees and taxes.

COMPARING THE PERFORMANCE OF DIFFERENT INVESTMENT OPTIONS To compare investment options, looking at returns after all fees (Net Return or Net Benefit), provides an equal comparison. To see how an investment option has performed, a look at the net returns over 3, 5 or 10 years highlights the investment management ability and the impact of fees over time.

HOW PERFORMANCE CHANGES THE BALANCE OF YOUR ACCOUNT Performance figures that are published for the investment options show the return for a period of time. These returns can grow your super balance when investment markets are rising or lower your balance during market declines.

COMPARING PERFORMANCE TO BENCHMARKS To see how your investment option is delivering returns for you over time compared to similar investments in the market, it can be helpful to compare performance to a benchmark.

Similar to types of return measurement, there are different types of benchmarks to help you compare. These include peer, goal-based and market-based benchmarks.

REGULATOR ASSESSMENTS One of the aims of Australia’s regulators is to improve member returns. To achieve this, APRA assesses performance using the Performance Test and the MySuper Product Heatmap. AustralianSuper supports mandatory performance assessment. This helps to address poor fund performance in the industry.

To read more about the different types of returns used by the super industry, regulators and AustralianSuper, and how you can use them to make informed investment choices, visit australiansuper.com/investment-articles

Investment returns aren’t guaranteed. Past performance isn’t a reliable indicator of future returns.

Sponsored by AustralianSuper. This information may be general financial advice which doesn’t take into account your personal objectives, financial situation or needs.

Before making a decision about AustralianSuper, you should think about your financial requirements and refer to the relevant Product Disclosure Statement. at australiansuper.com/ PDS or by calling 1300 300 273. A Target Market Determination (TMD) is a document that outlines the target market a product has been designed for. Find the TMDs ataustraliansuper. com/tTMD. AustralianSuper Pty Ltd ABN 94 006 457 987, AFSL 233788, Trustee of AustralianSuper ABN 65 714 394 898.

SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 11

SEC URIT Y F E AT URE

ASIAL AUSTRALIAN SECURITY CONFIDENCE INDEX (ASCI) 2022 Now more than ever before, Australians are increasingly concerned about cyber security, sexual assault and terrorism.

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S E C URIT Y FE ATU RE

Fear of cyber attacks, robbery, physical assualt, sexual assualt and terrorist attacks are the top five security concerns among Australians in 2022, according to the Australian Security Confidence Index (ASCI).

The findings are especially significant in this election year and political parties, keen to win government, will have to address Australians’ feelings about their own safety and that of their families, their businesses and the nation.

The annual study, commissioned by the Australian Security Industry Association Ltd (ASIAL) surveyed 1,600 Australians nationwide from all walks of life about their security concerns in a range of contexts, from their own homes and workplaces, to their online activities and when at large in public.

It reveals the depth of feeling Australians have for their security in an increasingly uncertain and securityconscious world.

ASIAL says the NielsenIQ researchers found that key security concerns focus on cyber threats, which is now the number 1 security fear for 44% of Australians, up from 38% last year.

ASIAL Chief Executive Officer, Bryan de Caires said that this sends a clear message to Australia’s governments and the Security Industry alike. “The key element in the term ‘Cyber Security’ is the word ‘Security’ and the study identifies fear of being victim to a cyber attack is an issue of growing concern to Australians.”

“As the domains of physical and virtual security converge, it is evident that more needs to be done to ensure that IT personnel are appropriately vetted to handle the sensitive data and information they have access to,” he said.

“Ensuring the probity and skill levels of those providing cyber security advice and support is vital. This has clear policy and regulatory implications for governments and the Security Industry alike,” he said.

Cyber threats is now the number 1 security fear for 44% of Australians, up from 38% last year.

Continues over page >

SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 13

SEC URIT Y F E AT URE

KEY RESULTS Where do Australians feel most unsafe?

Cinema / Theatre

17%

Day Time

15% 15% Taxis

Taxis

15% Public Transport

Security concerns about sexual assault on women has also increased significantly since last year in the wake of highly-publicised assaults committed against women in Federal Parliament and elsewhere.

Researchers were surprised by an increase in terrorism awareness and concerns, especially among younger people, which comes amidst the rapidly deteriorating situation in the Ukraine.

6% of Australians feeling unsafe overall (5% in 2021) Those who identify as of Indian ethnic background are significantly more likely to feel unsafe. This year they are joined by females aged 40-54, those who reside in CBD/cities, those looking for employment or working in hospitality.

We still see only 1 in 5 Australians feeling “very safe” in their day-to-day lives, with many being acutely aware of situations and activities that could put them at risk.

Covid-19 has also remained at the forefront of Australians lives and has impacted their safety perceptions.

Feeling unable to control the Covid-19 situation has potentially heightened awareness of other aspects of life that can’t be controlled eg cyber attacks and assaults.

The fear from Covid is greater than last year rising to the #4 reason for feeling unsafe, compared to #9 last year.

KEY RESULTS Public Transport 32%

Night Time

29%

local parks/ sportsgrounds

26% CBD

When do Australians feel most unsafe

Australians feel most unsafe during the day going to the cinema/ theatre (17%), using licensed taxis (15%), and public transport (15%). The rise in feeling unsafe at the cinema/ theatre is again linked to the risk of being in enclosed areas with crowds.

When it comes to activities during the night, Australians feel most unsafe using public transport (32%), being at local parks/sportsgrounds (29%) and (new to the top three), being in the CBD (26%).

Using public transport is a concern both day and night, being in the top three in both situations. Feelings of being unsafe on public transport is significantly higher among females, and is predominantly centred around physical safety concerns.

Feelings of being unsafe in certain circumstances are higher, or increasing, in WA and it should be noted that at the time of this research WA was starting to see its first significant outbreak of Covid-19 since the start of the pandemic in March 2020.

DURING DAYLIGHT OR NIGHT-TIME HOURS 38% 51%

Day Time

Night Time

14 SEC UR IT Y IN S IDE R | A PRI L – JU NE 2022

More than half (56%) of Australians feel unsafe during daylight OR night-time hours. Over a third of Australians (38%) feel unsafe at any point doing day to day activities during daylight hours. This rises to just over half (51%) when doing these same activities after dark.

The activities we now feel significantly more unsafe doing during the day are ones where we are likely to be around crowds – bars and restaurants and local parks and sportsgrounds – another link with Covid.

During the night we now feel significantly more unsafe going to the doctors or hospitals –again the threat of catching covid has heightened this feeling.

S E C URIT Y FE ATU RE

TOP THREATS

1. Cyber Attacks

2. Robbery

30%

23%

Fear of cyber attacks is significantly higher among females and hospitality workers. The significant growth in this as a concern is being driven by females, NSW/ACT and WA residents, those not working and in lower income households.

Fear of robbery is significantly higher among females and younger Australians aged 18-24.

Concern about robberies has increased from 21% in 2021, and has increased significantly for WA residents – now up to 29% from 19% in 2021.

3. Physical Assault

4. Sexual Assault

22%

21%

Feelings of being unsafe from physical assaults has also increased from 19% in 2021.

Females, those aged 18-24 and students are significantly more likely to feel at risk.

This is higher among females, students and hospitality workers. The significant growth in this as a concern has been driven by NSW/ ACT residents and those living in metro areas.

5. Terrorist attacks

18% Feeling unsafe from terrorist attacks has increased from 15% of the population in 2021.

Females and young Australians aged 18-24 are significantly more likely than the population to cite this as a concern. Additionally, there has been significant growth in this as a concern for young Australians and QLD residents. Now almost a quarter of young Australians feel unsafe from terrorist attacks (24% up from 13% in 2021) and almost 1 in 5 QLD residents feel unsafe (19% up from 12% in 2021).

Continues over page >

SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 15

SEC URIT Y F E AT URE

ONLINE SECURITY The pandemic has changed the lives of all Australians. While online shopping was already increasing, the pandemic has accelerated this growth. The ability to get our food and non-food items delivered to our houses has in some way mitigated the threat of catching Covid-19, but the threat to our digital security has increased.

Significantly more Australians feel unsafe from the risk of cyber attacks. Personal cyber security concerns have increased from 41% to 43%, however our level of concern whilst using our employers IT has remained unchanged at 41% of Australians.

Key concerns are around shopping from foreign retailers, global retailers and using social media, with these being consistently a concern whether using personal or workplace IT. Personal cyber and online security: Australian retailers are perceived as being the safest place to shop, whilst our fear of using foreign retailers has increased significantly. Now almost a third of Australians feel unsafe when using foreign retailers (32%).

Older Australians and females remain more likely to be concerned about using foreign retailers. However, there has been significant growth in concern about these retailers coming from younger males, affluent Australians, those in managerial or executive positions, full time workers and Victorians (our most locked down state).

Key concerns are around shopping from foreign retailers, global retailers and using social media, with these being consistently a concern whether using personal or workplace IT.

Work-based situations: Across all situations, except for shopping online from foreign or global retailers, safety concerns remain higher when using company IT. The top concerns are shopping from foreign retailers (24%), using social media (23%) using work emails for private conversations (21%). The concerns tend not to be for the employer’s cyber security, but more around being aware that their digital footprint can be, and is, monitored by Australian employers.

PART OF A LARGER NATIONAL SECURITY SCENE The ASCI 2022 follows the Security 2025 Report in September last year, which shone a light on driving issues of importance to Australia’s security arrangements.

That report highlighted twelve key areas where governments, business, national security agencies and the Security Industry should collaborate to generally lift the standard of all security provision Australia-wide.

As part of a decades-long lobbying effort to get governments to focus on security and treat it as a priority, ASIAL has developed a policy framework for all State and Territories to adopt in pursuit of delivering a uniformly high standard of security for the entire country.

ASCI 2022 is available free for viewing and can be downloaded at: asial.com.au/asci

16 SEC U R IT Y IN S IDE R | A PRI L –JU NE 2022

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SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 17

SEC URIT Y F E AT URE

ASIAL SECURITY INDUSTRY LICENSING REPORT 2022 Now in its third year, the ASIAL Security Industry Licensing Report 2022 draws on data provided by state and territory security regulators to provide a snapshot of the number of licensed security firms and individuals across Australia.

LICENCE NUMBERS AS AT 31 DECEMBER 2021 24,180 1,493

5,538

420

166

1,743

1,656

WA

17,685

32,025

VIC

559

SA

9,296

TAS

2,556

ACT

4,537

NSW

55,191

QLD

108

NT

2,104

INDIVIDUAL SECURITY LICENCE HOLDERS

SECURITY FIRM / MASTER LICENCE HOLDERS

147,574

11,683

T O TA L

T O TA L

18 SEC UR IT Y IN S IDE R | A PRI L –JU NE 2022

S E C URIT Y FE ATU RE

The 2022 Report reflects the labour shortage challenge facing the Australian economy in the wake of the COVID-19 pandemic, with a significant fall in the number of licensed security personnel, with the Australian Capital Territory, Victoria and West Australia particularly hard hit.

As the recent Security 2025 Report highlighted, Australia’s $11 billion private security industry is a vital component of economic activity. As state and territory economies open and start to ramp up, demand for security is growing. However, shortages in licensed security personnel is jeopardising the ability of many vital sectors of the economy, such as live entertainment, hospitality and tourism to operate safely and effectively, placing a handbrake on economic recovery and growth.

Throughout the past twelve months, ASIAL has urged state, territory and federal governments to work collaboratively with industry to implement practical strategies to address the shortage in licensed security personnel to ensure there is sufficient capacity and capability to meet market needs. Among the solutions suggested by ASIAL include: •

Attracting new entrants by improving security licensing turnaround times – slow licence processing times are a major deterrent to attracting new entrants;

•

Government publicly acknowledging the important role performed by the security industry. In doing so, this would help promote security as a possible career pathway for displaced workers, mature age workers, the indigenous community and women;

•

Providing accessibility to funded training for entry level security training;

•

Developing a strategy to attract lapsed individual security licence holders back into the industry by offering a moratorium on licences that lapsed during the COVID-19 pandemic.

The ASIAL Security Industry Licensing Report 2022 underscores the need for government to work with industry to develop strategies to build Australia’s security capability and capacity to meet the demands of business, government and the wider community.

Acknowledgement In publishing this report ASIAL would like to acknowledge the support and data provided by each state and territory security industry regulator: • •

ACT – Access Canberra NSW – Security Licensing & Enforcement Directorate, NSW Police Force NT- Department of Industry, Tourism & Trade QLD – Office of Fair Trading SA - Consumer and Business Services TAS - Consumer Building and Occupational Services, Department of Justice VIC – Licensing & Regulation Division, VIC Police WA – Licensing Services, WA Police

• • • • • •

Continues over page >

STATE OF THE NATION Total number of individual security licence holders by state/territory ACT

Year on year movement of individual security licences by state/territory – end 2022 vs end 2021

NSW

ACT

37.4 %

3%

3% WA 12 % VIC 21.7 %

NT

14.92%

1.4%

0

QLD

-900

16.4 %

-1200

SA

-1500

3.59%

-1314 NSW

NT

300 NSW

200

47.4%

100

NT 0.92%

SA

TAS

VIC

WA

92 30

0

4.78%

QLD

469

500

14.17 %

QLD 12.78%

-774

Year on year movement of security Firm / Master Licence holders – end 2022 vs end 2021

400

SA

+29 -268

ACT

6.3 %

ACT

+43

-600

VIC

TAS 1.42%

+302 +21

-300

Total number of Security Firm / Master Licence holders by state/territory WA

+645

600 300

TAS 1.7 %

900

-100

12

28

18*

-38 ACT

-36 NSW

NT

QLD

SA

TAS

VIC

WA

*Excludes business registrations SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 19

SEC URIT Y F E AT URE

Individual Security Licence Holders by State/Territory 31 Dec 2021

NT

2,104

QLD

24,180

WA

17,685 SA

9,296

NSW

55,191 VIC

32,025 TOTAL

ACT

4,537 TAS

147,574

2,556

Security Firm / Master Licence Holders by State/Territory 31 Dec 2021

NT

108

1,493

WA

1,743

QLD

SA

559 NSW

5,538 VIC

1,656 TOTAL

11,683

2 0 SEC U R IT Y IN S IDE R | A PRI L – JU NE 2022

ACT

420 TAS

166

S E C URIT Y FE ATU RE

ACT

NSW

Key highlights

Key highlights

•

•

Individual security licence holders grew marginally.

•

89.2% of individual security licence holders were male and 10.08% female.

•

Master Licence holders grew 9.2% during 2021.

•

At the end of 2021 the total number of individual licence holders stood at 4,537, down 22% on the previous year.

No information was available on the split between male and female licence holders.

31 DEC 2019

31 DEC 2020

31 DEC 2021

Total number of Individual licence holders

4716

5851

4537

1A Patrol, guard, watch or protect property (including CIT)

-

5002

3841

1B Act as a bodyguard

-

249

157

1C Act as a crowd controller

-

4237

1D Guard with a dog

-

1E Act as a monitoring centre operator

-

1FC Guard with a firearm for cash in transit

-

130

92

1FP Guard with a firearm for protecting property

-

47

38

2A Acts as a security consultant

-

271

218

2B Sell security equipment

-

569

500

New individual licence applications

2C Carry out surveys and inspections of security equipment

-

529

456

Individual licence cancellations/ terminations

2D Give advice about security equipment

-

521

454

Individual Licence Holders

2E Install, maintain, monitor, repair or service security equipment

Individual Licence Holders

31 DEC 2019

31 DEC 2020

31 DEC 2021

Total number of Individual licence holders

53,657

55,170

55,191

1A

45,013

46,090

45,610

1B

1,535

1,577

1,507

1C

42,703

43,893

43,560

3295

1D

643

612

592

64

33

1E

17,469

20,208

20,774

1722

1367

1F

2,170

2,153

2,115

2A

1,692

1,755

1,764

2B

9,980

11,480

12,154

2C

10,780

12,552

13,534

2D

818

829

828

7,811

6,537

5046

554

327

345

31 DEC 2019

31 DEC 2020

31 DEC 2021

4,924

5,069

5,538

Master Licence Holders Total number of Master Licence holders -

719

632

New individual licence applications

1309

1272

883

Individual licences cancelled/ terminated

1127

1283

842

31 DEC 2019

31 DEC 2020

31 DEC 2021

388

458

420

80

78

44

3

43

36

Master Licence Holders Total number of Master Licence holders New Master Licence applications Master Licences cancelled/ terminated

MA

966

1,001

1,123

MB

2,435

2,580

2,829

MC

1,005

990

1,053

MD

344

323

347

ME

174

175

186

New Master Licence applications

941

923

1065

Master Licences cancellations/ terminations

109

62

50

Continues over page >

SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 2 1

SEC URIT Y F E AT URE

NT

QLD

Key highlights

Key highlights

•

11% growth in security firm licence holders.

•

Individual security licence holders grew marginally.

•

No information was available on the split between male and female licence holders.

•

Security Firm licence holders grew marginally.

•

No information was available on the split between male and female licence holders.

31 DEC 2019

31 DEC 2020

31 DEC 2021

79

78

74

Security Officer and Crowd Controllers

1662

1764

1824

Security Officer only

224

219

206

New individual licence applications unrestricted

New individual licence applications

679

766

768

New individual licence applications restricted

Individual licences cancelled/ terminated

648

584

726

31 DEC 2019

31 DEC 2020

31 DEC 2021

Total number of Security Firm Licence holders

89

97

108

New Company/Firm applications

46

34

39

Total number of Security Firm Licence holders

Company/Firm licences expired

38

19

34

New Security Firm Licence applications

Individual Licence Holders Crowd Controllers Licence only

Security Firm Licence Holders

SA Key highlights

Individual licence holders as at 31/12/2021

31 DEC 2019

31 DEC 2020

31 DEC 2021

Total number of Individual licence holders

24034

24151

24180

5018

3703

3825

25

11

18

Individual licences refused

131

81

55

Individual licences cancelled

225

123

110

Note: no breakdown of male/female security licence holders was available.

Security Firm Licence Holders

31 DEC 2019

31 DEC 2020

31 DEC 2021

1437

1481

1493

247

198

241

Security Firm licence refused

0

0

0

Security Firm licence cancelled

10

14

6

•

7.5% growth in individual security licence numbers to 9,296.

•

88.3% of individual security licence holders were male and 11.7% female.

WA

•

Security firm licence holders’ numbers grew by 5.2% to 559.

•

The total number of individual licence holders fell by 268.

•

The total number of agent licence holders fell by 36.

Key highlights

31 DEC 2019

31 DEC 2020

31 DEC 2021

Total number of Individual licence holders

8681

8651

9296

New individual licence applications

1217

Individual licences cancelled/ terminated

1018

1049

953

31 DEC 2019

31 DEC 2020

31 DEC 2021

Individual Licence Holders

Security Firm Licence Holders Total number of Security Firm Licence holders New Security Firm applications Security Firm licences cancelled/ terminated

1223

1626

Individual Licence Holders

31 DEC 2019

31 DEC 2020

31 DEC 2021

Total number of Individual licence holders

15000

17953

17685

4727*

5941**

5856**

New individual licence applications

* Includes additional licence applications by individuals with an existing licence ** Includes renewal applications

31 DEC 2019

31 DEC 2020

31 DEC 2021

Total number of Agent Licence holders

1679

1779

1743

Security Agent

Agent Licence Holders 523 63 52

2 2 SEC UR IT Y IN S IDE R | A PRI L –JU NE 2022

531 66 42

559 65 40

1300

1371

1361

Crowd Control Agent

209

231

222

Inquiry Agent

170

177

160

New Agent applications

197

206

192

S E C URIT Y FE ATU RE

TAS

VIC

Key highlights

Key highlights

•

•

Individual security licence holders fell by 774.

•

83% of individual security licence holders were male and 17% female.

•

96% of individual registration holders were male and 4% female.

•

Business licence holders grew 2.2% to 828.

Over the past year, 5 Licences were cancelled. No licences were surrendered during 2021.

Employee Level - Class/ Activity Commercial Employee

Total No. of Currently Issued Licences 31 DEC 2021 9

Crowd Control

1967

Security Guard General

2058

Monitoring Room Operator Bodyguard Permitted to use Guard Dog

472 28 5

Permitted to Carry Firearm

48

Permitted to Carry Baton

19

Permitted to Carry Handcuffs

18

Exemption to Display Licence

5

Total Licensed Security Guards General - Employee Level Individual Agent – Class / Activity Commercial Agent

4629 Total No. of Currently Issued Licences 31 DEC 2021 78

Individual Licence Holders

31 DEC 2019

31 DEC 2020

31 DEC 2021

Total number of Individual licence holders

33138

32799

32,025

Crowd Controller, Security Guard

28701

28605

28,225

Security Guard

1202

1140

1,016

Bodyguard, Crowd Controller, Security Guard

1151

1072

941

1006

971

890

Crowd Controller, Investigator, Security Guard

Investigator

333

317

300

Crowd Controller

223

223

207

Private Security Trainer, Crowd Controller, Security Guard

157

146

139

4480

4636

4,633

Other

307

Crowd Control

136

Individual registration total

Security Guarding General

154

2579

2609

2,598

Monitoring Room Operator

77

Security Equipment Installer, Security Advisor

Bodyguard

38

Security Equipment Installer

1319

1422

1,484

Security Advisor

582

605

551

New individual licence applications

5245

(includes renewal applications)

-

315

174

-

31 DEC 2019

31 DEC 2020

31 DEC 2021

Total number of Business Licence holders

836

810

828

Crowd Control, Security Guard

391

388

405

Security Guard

Permitted to use Guard Dog

3

Permitted to Carry Firearm

32

Permitted to Carry Baton

11

Permitted to Carry Handcuffs

11

Exemption to Display Licence

3

Inquiry Agent

110

Individual licences cancelled/ suspended

Total Licensed Individual Agents

653

Business Licence holders

Body Corporate Agent - Class/ Activity Commercial Agent Crowd Control

Total No. of Currently Issued Licences 31 DEC 2021 8 172

15191

135

134

149

99

98

78

Security Guarding General

52

Investigator

Monitoring Room Operator

27

Bodyguard, Crowd Control, Security Guard

66

66

66

Crowd Control, Investigator, Security Guard

29

28

30

Private Security Trainer

27

19

21

Other

59

25

79

Bodyguard Inquiry Agent Total Licensed Body Corporate - Agents TOTAL of all Licences Issued

8 27 166 5448

Approved new Business Licence applications

252

476 includes renewal

-

SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 2 3

SEC URIT Y F E AT URE

Facial Recognition Technology for the Security Industry How to get it right ROB WATTS CEO, CORSIGHT AI

It is not uncommon to see controversial headlines around the use of Facial Recognition within Australia and across the rest of the world. Discussions about this powerful technology can often be dominated by concerns around privacy or ethics, due to disreputable companies who neglect essential ethical practices and ignore critical regulation.

Yet while there is certainly misuse in the industry, there is also huge opportunity if these systems are used as a force for good to protect society and if they are only ever implemented within a framework that prioritises the privacy, safety and equality of all those that encounter it. This is not only possible in the future, but it is happening already.

THE BENEFITS AND CAPABILITIES OF FACIAL RECOGNITION The capability of Facial Recognition Technology (FRT) has progressed significantly over recent years. Previously, FRT required full lighting and high-quality images to recognise an individual on a database. However, the most mature systems on the market now enable the recognition of faces in moving crowds, at extreme angles and with low quality images. Masks also no longer pose an issue to this technology and the best systems can recognise a face in nearly complete darkness.

Research and testing by the National Institute of Standards

24 SEC U R IT Y IN S IDE R | A PRI L –JU NE 2022

and Technology (NIST) highlights these improvements.

For example, as of April 2020, the best face identification algorithm has an error rate of just 0.08% compared to 4.1% for the leading algorithm in 2014.

Further accuracy gains will continue to reduce risks related to misidentification, and expand the benefits that can come from proper use. For instance, this technology will become essential for re-energising the night-time economy.

With an integrated Facial Recognition system utilised in venues or night clubs, visitors will be able to gain entry, prove their age and pay for drinks all using their biometric signature rather than ID or credit cards. The benefits to this implementation are three-fold: the customer experience will be streamlined, venue safety improved and business owner revenues increased. To ensure this application is rolled out successfully, all organisations must be transparent with their use of FRT and only use it on an opt-in basis, so that there is no breach of privacy.

Facial Recognition is also one of the key touch-free authentication methods being adopted for access control.

Large businesses and workplaces are starting to recognise the value in Facial Recognition to enhance the flow of people through buildings. The most sophisticated systems can authenticate multiple individuals at once rather than needing sight of one individual face at a time, which can reduce overcrowding and streamline entry. Facial Recognition can also protect sensitive locations, admitting only ‘whitelist’ approved visitors, and thus easing the strain on venue management and security personnel.

S E C URIT Y FE ATU RE

THE ‘HUMAN IN THE LOOP’ The benefits of Facial Recognition can be farreaching. However, there are a number of considerations essential to ensuring this technology is only ever used as a force for good.

TONY PORTER CHIEF PRIVACY OFFICER, CORSIGHT AI

If we look at protecting large entertainment venues as an example, how can this be done safely and ethically?

When classified facilities utilise Live Facial Recognition (LFR) cameras at entry points, the digital signatures of all those entering a venue will be scanned against watchlists. Any biometric data on that watchlist will be that of individuals known by police or security teams as a genuine threat to others. Therefore, once this data is recognised by the LFR cameras, security will be alerted and these teams can decide on their next steps. The key here is to ensure that watchlists are never impermissibly wide – only ever narrowly compiled – and those operating the Facial Recognition systems must be well trained.

In fact, it is highly unethical to develop and implement a FRT system without following a ‘human in the loop’ strategy, e.g., a trained operator that makes final decisions based on the technology’s insight. It is the responsibility of the developer of the Facial Recognition system to make sure that the operator of this technology is appropriately trained and able to comprehend how to interpret results, understand the inherent bias of algorithms and look for the variation in threshold and impact. They also must then recognise how all of these elements may impact the results. This is because, like the majority of technology, FRT is here to support and optimise human capability rather than replace it entirely.

An effective Facial Recognition system will also provide the operator with a myriad of privacy options, and it is their role to deploy them. Operators should be aware that the best solutions on the market allow faces of bypassers to be blurred both in playback and in live video. This means only the biometric data of those on a small watch-list would ever be captured, encouraging a safer, more trusted use of the technology. However, it is the role of the operator to opt-in to this privacy feature and also delete any data if a false positive result occurs. Importantly, it is the responsibility of the developers and resellers of these systems to offer guidance for the operators and data controllers. This can include supporting

in the development of a Privacy Management Programme (PMP) as a framework for safe practice, as well as a Data Privacy Impact Assessment Survey (DPIA) consultative service to identify and mitigate any risks to privacy.

LAW AND REGULATION While there is currently no law that directly regulates Facial Recognition within Australia, there is some legislation around privacy that developers and implementors must follow. The law that best holds FRT to account is Australia’s Privacy Act 1988, which provides a set of principles that must be applied when working with personal information.

In future, we’re hopeful that further legislation will be introduced so that this technology can finally be used to its safest and best ability. However, it is not just for the technology industry to call for this further regulation. Everyone that is concerned about their privacy should be demanding greater adherence to ethical practices from their technology solutions providers, and they should also be campaigning their government bodies for more regulation to make this possible. Facial Recognition is here to stay, but there needs to be more guidelines to help protect the privacy of the people who are most affected by the technology.

Finally, whilst privacy and ethics must be a top priority, we must still encourage a discussion around Facial Recognition’s life-changing benefits. It is time to level the playing field of the FRT debate and talk about the ‘force for good’ it can offer the security industry as well as wider society.

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ASIAL’s Security Insider Podcast Series The ASIAL Security Insider Podcast series explores some of the issues and challenges facing the security industry.

EPISODE 60

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Women in Security - Challenges and Opportunities

In this episode of the ASIAL Security Insider Podcast, we speak with Phil Zongo, about the conflict between Russia and Ukraine, and the potential impact of that conflict on cyber security in Australia.

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CONTRACTOR OR EMPLOYEE? THE HIGH COURT RULES.

By Chris Delaney

2 8 SEC UR IT Y IN S IDE R | A PRI L –JU NE 2022

IN DUS T RIA L RE L ATIO NS

A few years ago we asked members if their ABN holders pass the “Duck Test” – You know the one: if it quacks, and it waddles, and has feathers it is a duck. You can call it a rooster if you want to, but it is still a duck!

The test was all about determining if an independent contractor was really a direct employee and not in a sham arrangement. The test was to consider all of the factors in the relationship – who has control, who pays tax, who decides when to work and when not to, who provides tools etc. The multi-factorial test.

That test has been around for a long time and even though the High Court of Australia in two recent decisions has put the contract ahead of the facts, employers still need to be wary of the Duck – it is not dead, it’s just winged!

The High Court decision concentrated on the rights and duties of the parties found in the contracts, rather than what has historically been a broader focus on the conduct of the parties, the totality of the relationship and the impression of the arrangement.

It said the focus should be on whether the work of the worker is so subordinated to the business of the alleged principal as to mean the worker is in fact performing work for the principal’s business as an employee, rather than providing their services from their own independent business as a contractor.

Security Industry businesses need to be very careful not to assume that because of the High Court decision having a contract describing workers as Independent Contractors will protect them against claims of sham arrangements. It will not.

Any decision determining the status of the worker will come down to what is in the contract. Meticulous drafting of the contract will be essential.

What businesses should do when engaging workers: •

Clearly record the terms and conditions of the arrangement and the rights and obligations of the parties in a written contract before any work commences.

•

Just calling the parties as principal and contractor will not be enough. If the arrangement contains terms which are characteristic of an employment relationship it may still be deemed a sham.

•

Any contract that gives control or direction over the worker or their performance will need to be at an absolute minimum.

In my opinion if you choose to have independent contractors, it will need to be clear in the contract that the independent contractor can decide when and where to work, how long they will work for and how to do the job. If the contract does not allow that level of freedom, or if the contract gives those controls to the business or principal, there is a strong possibility that a multi factorial test will indicate an employer / employee relationship – or sham contract.

WHAT IS “SHAM SUBCONTRACTING”?

Sham contracting is when an employer attempts to conceal an employment relationship by calling it an independent contracting arrangement.

Sham contracting is when an employer attempts to conceal an employment relationship by calling it an independent contracting arrangement. This is usually to avoid paying legal minimum rates of pay, workers compensation, insurances, tax, and entitlements, such as annual leave and sick leave. It gives the Principal Contractor a distinct advantage over competitors by reducing their costs by as much as 25% or more.

Arrangements such as these are not genuine and may be deemed by a court of competent jurisdiction, as sham contracting.

WHAT’S THE DIFFERENCE BETWEEN A CONTRACTOR AND AN EMPLOYEE? Although this can be a complex area of law there are some simple rules and tests that can be applied to the relationship to determine what it really is. (ASIAL has a checklist available as well as an Independent Contracting Toolkit) The individual who must work at a particular location, during specified hours (perhaps involving a roster), performing the work under the control of another, either directly or indirectly, is most likely to be an employee.

Standard operating procedures (SOPs) that must be followed may also point to an employer / employee relationship.

A contractor is engaged under a ‘contract for services’ to achieve a defined result or agreed outcomes. A contractor is not under the direction and control of the principal.

Contractors may not be required to perform the work personally. They can often delegate the work to others (their own employees).

Contractors may also be Corporations (Pty Ltd Companies), through which they contract the work.

Continues over page >

SEC URI T Y I N SI DER | APR IL–JUNE 2 02 2 2 9

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RESOLVING DISPUTES

THE END USER CAN ALSO BE FINED

The High Court considered what happens after the contract commences and there is a dispute. Situations such as:

The former Fair Work Ombudsman and current Fair Work Commissioner, Nick Wilson, warned that: “Turning a corporately-sanctioned ‘blindeye’ to outsourced work that is performed by another enterprise using contractors on belowaward rates of pay may expose enterprises up the procurement chain to liability.

All parties should undertake due diligence when outsourcing work to contracted workers, particularly to lowest-cost providers, to ensure lower costs are attributable to efficiencies in the business and not due to the potential exploitation of workers on below award rates.”

While ASIAL recognises that due to the nature of the protective security industry there will be commercial imperatives for security businesses to subcontract work to meet short term peaks in client demand, the practice of sham subcontracting, misclassification or using ABN holders who are really employees, is an unacceptable practice that negatively impacts the entire industry, as well as clients.

A key part of the solution to this ongoing issue rests with end users, including government at all levels. When procuring security services, end users must ensure that the contract price allows for the security contractor to provide a sustainable professional service and offer pay and conditions commensurate with a legal industrial instrument.

Members requiring assistance or tools to help educate others, can contact the ASIAL Secretariat on 1300 127 425. And, if you have information of suspected sham subcontracting share it with us.

•

the written contract not covering the full arrangement and what may have been implicit in the agreement;

•

the contract is a sham with intent to disguise an employment relationship;

•

the contract does not reflect the conduct of the parties;

•

there is a breach of the contract; or

•

there is an application for relief under the unfair contracts regime created by the Independent Contractor’s Act 2006 (Cth).

While ‘control’ is an important aspect of determining if there is an employment relationship, the multi factorial test is the approach preferred by Courts today.

This approach seeks to make a balanced evaluation of all the features of a relationship including: the form of remuneration, the provision and maintenance of materials and equipment, the obligation to work, the ability to be dismissed, the hours of work and provision of holidays, the deduction of income tax and the delegation of work by the worker.

Being paid an hourly rate, providing labour only, not providing materials and tools, being required to attend work at certain defined times may all be indicators that the worker is a direct employee.

THE HIGH COST OF GETTING IT WRONG There are significant potential costs in getting it wrong.

As an example, a company and its director were fined more than $286,000 for breaches of the Fair Work Act, stemming from the incorrect classification and payment of its employees as independent contractors. Its director was personally fined approximately $48,000.

The case serves as an important reminder to businesses to correctly engage and remunerate employees and the perils associated with sham contracting arrangements.

Being paid an hourly rate, providing labour only, not providing materials and tools, being required to attend work at certain defined times may all be indicators that the worker is a direct employee.

About the Author: Chris Delaney, ASIAL Industrial Relations Adviser.

Chris Delaney is a highly regarded employee relations professional with over 40 years’ experience in industrial relations and human resources.

Note: The information provided above is for convenient reference only. ASIAL and Chris Delaney & Associates Pty Ltd provide this information on the basis that it is not intended to be relied upon in any cases, as the circumstances in each matter are specific. Accordingly, we provide this information for general reference only, but we advise you to take no action without prior reference to a workplace relations specialist.

SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 31

WELCOME TO OUR NEW MEMBERS ASIAL welcomes the following members who have recently joined the Association.

NEW CORPORATE MEMBERS

UPGRADE TO FULL CORPORATE MEMBERSHIP

Esprit Network Pty Ltd

NSW

Accenture Australia Pty Limited

NSW

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NSW

QLD

VIC

AUS Electrical Data And Communications Pty Ltd t/a AUS Electrical Data And Communications

VIC

Broadsafe Services Pty Ltd

NSW

Davlin Security Australia Pty Ltd

NSW

Digital Edge Security Pty Ltd

QLD

Global Security Data Communications Pty.Ltd International Resilience Group Pty Ltd Laudet Pty Ltd T/as Hilton Surfers Paradise Hotel and Residences

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MYTEC Group Pty Ltd

NSW

Fourier Communications Pty Ltd

QLD

Rapyd Management Solutions

QLD

Frontier Networks Pty Ltd

QLD

Southern Cross Security AU Pty Ltd

NSW

Full View Security Pty Ltd

QLD

Sovereign Security Group

NSW

HBH Security Services Pty Ltd

Telstra Limited

VIC

The Smith Group of Companies Pty Ltd T/a Plustel

NSW

NEW PROVISIONAL CORPORATE MEMBERS Ala Mohammad Razi T/a Precision Guards Security

VIC

VIC

Hoang Thanh Tiet t/a Globaltek Security

WA

Invincible Solutions Pty Ltd

VIC

Jamie Richard Peters t/a Top End Security

NT

KA Security Services Pty Ltd

VIC

Los Tres Ninos Pty Ltd t/a Integrated Security Solutions

QLD

Australian Maritime Equipment Sales Pty Ltd

QLD

Robek Pty Ltd t/a Azcom

QLD

Avguard Pty Ltd

QLD

Virtus Risk, Training and Security Pty Ltd

NSW

Bartosz Kwiatkowski T/a Protect East Security

QLD

Wercom Pty Ltd

ACT

Bradley Vincent Bradford T/a CQ Alarms & Patrols

QLD

Capital Asset Protection Group Pty Ltd

NSW

Yira Yarkiny Investments Pty Ltd t/a Yira Yarkiny Security and Cleaning Services

DBK Project Services Pty Ltd

QLD

EDS Technology Pty Ltd

WA

VIC

Hybrex Australia Pty Limited

NSW

Keenan Group Services Pty Ltd T/a The Hookup Guys

QLD

Markhor Security Services Pty Ltd

VIC

On Top Security Pty Ltd

ACT

PLATINUM ELECTRICAL TAS PTY LTD

TAS

PROCCTV Pty Ltd

QLD

Quadconnect Pty Ltd

VIC

RSG Services Pty Ltd

VIC

SBRE Security Pty Ltd

ACT

Secure Team Services Group Pty Ltd T/a STS Services Group Tech2Home Pty Ltd

VIC NSW

ASIAL CERTIFICATION CLASS 5 CAPABILITY List current as at 16th September 2020

COMPANY

STATE

CERT NO.

GRADE

VIC

4

Infiniti Class 5

Inner Range Pty Ltd

4 May 2022

NZ

5

Protégé GX DIN Rail System Class 5

20 Aug 2022

NSW

6A

Schneider Electric Security Expert

20 Aug 2022

CANADA

7A

Security Center Synergis™ IX

20 Aug 2022

Integrated Control Technology Schneider Electric Buildings Australia Genetec Inc.

GRADING EXPIRY DATE

No installation is Class 5 compliant unless accompanied by a site-specific Installer Compliance Statement (ICS) and Client Compliance Statement (CCS) The capability recommendation is based on an overview of AS/NZS 2201.1-2007 and its referenced standards. Full compliance is neither guaranteed nor implied. Whilst the product may be capable of meeting Class 5 standard, meeting this Class relies extensively on both the installer and the client. As part of the capability certification, the supplier has produced both a Compliance Statement and associated documents. These documents are dedicated to Class 5 compliance and form part of the Certification process. The supplier has agreed that: The required documentation will be maintained up-to-date for the period of the Certification, with ASIAL’s inspector being advised in writing of any such changes, and they will maintain compliance throughout the certification. Any changes that may have an impact upon this will be notified to ASIAL within 14 days. ASIAL may withdraw and cancel a certificate should it become aware of any non-compliance during the certification period.

32 SEC UR IT Y IN S IDE R | A PRI L –JU NE 2022

RECOGNITION PROGRAM The ASIAL member recognition program acknowledges longstanding members of the Association.

We would like to congratulate the members to have recently achieved the following recognition levels: Silver

BRONZE

Crawford Glass & Aluminium Pty Ltd

D.N Dycer & J.E Dycer t/a Fleurieu Security Systems Guardian Surveillance Pty Ltd

SA QLD

NSW

CTI5 Pty Ltd

WA

Executive Risk Solutions (Australia) Pty Ltd

WA

Hope Island Resort Principal Body Corporate QLD

IDS Security Solutions Pty Ltd t/a IDS Security Solutions VIC

Intelligent Surveillance Group Pty Ltd t/a Intelligent Surveillance

Kimadd Computers & Internet Services Pty Ltd QLD

QLD

Peter Stephens t/a Stephens Computer & Electronic Services QLD Point 2 Point Secure Pty Ltd t/a Point 2 Point Secure VIC

KP & SE Brenner Pty Ltd The Western Australia Turf Club T/a Perth Racing

SA WA

Vital Hospitality Group Pty Ltd

NSW NSW

QuaySec Pty Ltd t/a ARMCOR

WA

Piekar Comm Services Pty Ltd

Titanium Security Pty Ltd

VIC

Safety Line Security Pty Ltd t/ a Safety Line Security

VIC

Savica Pty Ltd

QLD

Scott Paul Ritchie t/a Armed Up Alarm Services

NSW

PLATINUM – 25 YEARS +

Security Projects Group Pty Ltd

VIC

GOLD – 16 – 24 YEARS

Statewide Connections Pty Ltd

VIC

SILVER – 11 – 15 years

Thompson Bros Pty Ltd t/a Thompson Bros Video Alarms

CATEGORIES:

BRONZE – 6 – 10 years

Titan Security Group Pty Ltd TMA Australia Pty Limited

NSW VIC NSW

I N T E R N AT I O N A L

SECURITY OFFICERS' DAY THANK YOU FOR KEEPING US SAFE

ASIAL.COM.AU/ISOD

24/ 7

SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 33

ASIAL GRADED SECURITY MONITORING CENTRES* Current as at: 30 March 2022

COMPANY

STATE

CERTIFICATE NO.

GRADE

ADT Security

NSW

553

A1

11 Apr 2023

ADT Security (Data Centre)

NSW

554

A1

11 Apr 2023

WA

556A

A1

27 Mar 2023

ARM Security Systems

GRADING EXPIRY DATE

ART Security

VIC

545A

A1

30 Sept 2022

Back2Base

QLD

546A

A1

28 Sept 2022

BENS Wholesale Monitoring

NSW

548A

A1

19 Nov 2022

Calamity

NSW

539

A2

28 May 2022

Central Monitoring Services

NSW

557

A1

14 April 2023

Chubb Monitoring Centres

NSW

555

A1

25 Mar 2023

Coastcom Security

VIC

571

A2

24 Mar 2024

Energize Australia

VIC

542A

C2

19 Aug 2022

Executive Security Solutions (Monitoring)

VIC

540

A1

15 Aug 2022

Glad Security Pty Ltd

NSW

549A

A1

11 Nov 2022

Golden Electronics

TAS

547A

A1

16 Oct 2022

Instant Security

QLD

567

A1

22 Nov 2023

Linfox Armaguard

VIC

541

A1

14 Aug 2022

Mekina Technologies

TAS

570

A1

21 Dec 2023

Monitoring Excellence

NSW

537A

A1

26 May 2022

Paul-Tec (Australia)

NSW

561A

A1

28 Feb 2023

Proforce Security Alarm Division Pty Ltd

VIC

558

A1

15 Apr 2023

Protection Pacific Security Ltd

VIC

544A

C2

01 Aug 2022

SA Security Monitoring

SA

568

A1

03 Feb 2024

Sapio – Hamilton

NSW

564A

A1

30 May 2022

Sapio – West Ryde

NSW

543A

A1

30 May 2022

Secom Australia

NSW

569

A1

14 Dec 2023

Sectrol Security

VIC

562A

B2

25 Aug 2023

Securemonitoring

VIC

566

A1

23 Nov 2023

Securitas Australia Remote Services

VIC

575

A1

03 Dec 2022

Securitas Australia Remote Services

SA

574

A1

03 Dec 2022

ACT

552A

A1

14 Feb 2023

Security Alarm Monitoring Service

SA

538B

A1

18 Jun 2022

Security Control Room

VIC

563A

A1

18 Aug 2023

Security 1

SMC Australia

QLD

559

A1

6 May 2023

Ultimate Security Australia – Moorebank

NSW

572

A1

23 Sep 2023

Ultimate Security Australia – Greenacre

NSW

573

A1

28 Mar 2024

Valour Security Services

QLD

560A

A1

09 Jul 2023

The ASIAL Graded monitoring centres above have been inspected and graded for compliance with the applicable Australian Standard: AS 2201.2 - 2004.

PLEASE NOTE: ASIAL takes no responsibility for companies which may change the nature of their operations subsequent to Grading.

ASIAL CERTIFIED REDUNDANT MONITORING CENTRES List current as at 30 March 2022 CORE CENTRE

GRADE

CERTIFICATE

REDUNDANT LEVEL

EXPIRES

Chubb Monitoring Centres, Rydalmere

A1

R7

R1A

25 Mar 2023

Security Monitoring Centres Australia, Salisbury

A1

R8

R1A

25 Mar 2023

Ultimate Security Australia, Greenacre

A1

R9

R2A

22 Sep 2023

These Centres have been certified as Redundant Monitoring Centres in accordance with the current versions of the ASIAL documents: ‘Redundant Centres – Background’ and ‘Redundant Centres – Requirements and Testing’.

34 SEC U R IT Y IN S IDE R | A PRI L – JU NE 2022

2022 ASIAL Events Calendar APR-JUN INDUSTRY BRIEFING – HOBART

INDUSTRY BRIEFING – CANBERRA Time: 7.30am-9.00am Venue: Premier Inn Belconnen

4 May 2022

Time: 7.30am-9.00am Venue: Rydges Hobart

Sponsor:

Sponsor:

INDUSTRY BRIEFING – MELBOURNE

INDUSTRY BRIEFING – BRISBANE

Time: 7.30am-9.00am Venue: Batman’s on Collins

26 May 2022

Time: 7.30am-9.00am Venue: Hillstone St Lucia

5 May 2022

1 Jun 2022

Sponsor:

Sponsor: INDUSTRY BRIEFING – SYDNEY Time: 7.30am-9.00am Venue: Rydges Parramatta

8 Jun 2022

Sponsor:

JUL-SEPT INDUSTRY BRIEFING – MELBOURNE

SECURITY EXHIBITION & CONFERENCE 17-19 AUG 2022

Time: 7.30am-9.00am Venue: Batman’s on Collins

Venue: ICC Sydney Sponsor:

INDUSTRY BRIEFING – CANBERRA Time: 7.30am-9.00am Venue: Premier Inn Belconnen

21 Sept 2022

Sponsor:

28 Sept 2022

INDUSTRY BRIEFING – HOBART Time: 7.30am-9.00am Venue: Rydges Hobart

29 Sept 2022

Sponsor:

Sponsor:

OCT-DEC INDUSTRY BRIEFING – BRISBANE Time: 7.30am-9.00am Venue: Hillstone St Lucia

INDUSTRY BRIEFING – ADELAIDE

5 Oct 2022

Sponsor: INDUSTRY BRIEFING – PERTH Time: 7.30am-9.00am Venue: DoubleTree Hilton Perth Northbridge Sponsor: AGM & NSW INDUSTRY BRIEFING - SYDNEY Time: 7.30am-9.00am Venue: Rydges Parramatta

Time: 7.30am-9.00am Venue: Rydges Adelaide

13 Oct 2022

Sponsor:

14 Oct 2022

2022 SECURITY AWARDS – SYDNEY 19 OCT 2022 Venue: Doltone House Hyde Park Sponsor:

30 Nov 2022

Sponsor:

SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 35

I N T E R N AT I O N A L

SECURITY OFFICERS' DAY 24/ 7

THANK YOU FOR KEEPING US SAFE ASIAL.COM.AU/ISOD

#THANKYOUSECURITYOFFICERS JULY

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