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
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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
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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
SCAN TO FIND OUT MORE
BOOK A STAND securityexpo.com.au
#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.
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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
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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.
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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.
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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
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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
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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.
SEC URI T Y I N SI DER | APR IL–JUN E 2 02 2 2 5
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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.
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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
Glexia Pty Ltd
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
QLD
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
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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
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