The Private Security Personnel and Private Investigators Act 2010 (the Act) lists the types of things that may disqualify a person from being granted a certificate of approval or licence or from being an officer[1] of a company licence holder. Section 63 of the Act outlines things that can disqualify a company from being granted a company licence.
The grounds for disqualification listed do not automatically disqualify a person or company from being granted a certificate or licence. The applicant can ask the Authority to fully consider their situation and waive the disqualification.
However, the grounds need to be declared and explained in their application or company officer form.
If grounds for disqualification apply, the applicant will need to provide supporting information to show that they are suitable to be a responsible security employee or licence holder despite the grounds for disqualification that apply to them. Documentation such as references and certificates from courses they have attended to address the offending will also be considered by the Authority.
The grounds for disqualification for individuals are listed in s 62 of the Act and fall into 3 main categories.
Convictions & sentences that can permanently disqualify a person from holding a licence or certificate
a) Being convicted of sexual conduct, intercourse or grooming a child or young person, rape, attempted rape, incest, or other serious sexual offending that fits within the definition of a Specified Offence in s 4 of the Criminal Records (Clean Slate) Act 2004.
b) Having ever been sentenced to imprisonment.
c) Being disqualified from driving indefinitely or an interlock order under s 65 of the Land Transport Act 1965. Such sentences are usually only given after a third or subsequent conviction for drunk driving.
d) Having been ordered by a court to be detained in a hospital owing to a mental health condition.
e) Having an order for treatment or care made against them instead of a sentence under s 34(1)(b) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or 118 of the Criminal Justice Act 1985.
Convictions for offences in the last 7 years
a) Theft, dishonest use of a document, burglary, robbery, receiving, accessing a computer for a dishonest purpose, blackmail, money laundering, forgery, corruption, bribery, making a false or misleading statement to receive a benefit and other offences of dishonesty as defined in s 4 of the Act.
b) Assault, disorderly behaviour, fighting in a public place, intimidation, wounding, injuring, ill treatment of a child, kidnapping, abduction, homicide, murder, manslaughter, sexual violence, sexual or indecent offending or other offences of violence as defined in s 4 of the Act.
c) Drug offences where the amount or quantity of the drug is at a level where it is presumed to be for supply – S 6 of the Misuse of Drugs Act 1975
d) Harassment and breaching of restraining orders under the Harassment Act 1997
e) Unlawful possession of firearms, ammunition, or parts, presenting or careless use of firearms, and other offences related to selling or supplying firearms under the Arms Act 1983.
f) Making, possessing, publishing, exporting, or importing intimate visual recordings (s 216H-J Crimes Act 1961)
g) Misleading or deceptive conduct or misrepresentations, bait advertising, pyramid selling schemes and other similar offences under the Fair Trading Act 1986 or the Credit Contracts and Consumer Finance Act 2003.
h) Working in private security without a certificate of approval or licence or employing or engaging people to work in security who do not have certificates.
Other grounds for disqualification
a) Being bankrupt or subject to an assignment for the benefit of creditors.
b) Not having completed the training required by the Act or Regulations made under the Act. (This does not prevent a person being granted a temporary certificate in the guarding to give them time to complete the required training)
c) Having had a licence of certificate of approval cancelled in the last seven years.
d) Holding a licence or certificate that is suspended.
e) It is also a ground for disqualification if an individual licence holder or at least one officer of a company licence applicant does not have at least 12 months experience in each the classes included in the licence application.
Grounds for Disqualification for a company under s 63 of the Act
a) The company has been convicted in the last 7 years for misleading or deceptive conduct or misrepresentations, bait advertising, pyramid selling schemes and other stated offences under the Fair Trading Act 1986 or the Credit Contracts and Consumer Finance Act 2003.
b) The company has been convicted in the last 7 years of theft, dishonest use of a document, accessing a computer for a dishonest purpose, blackmail, money laundering, forgery, corruption, bribery, or other offences of dishonesty as defined in s 4 of the Act.
c) The company has a conviction in the last 7 years for drug offences where the amount or quantity of the drug is at a level where it is presumed to be for supply.
d) The company has a conviction in the last 7 years for operating while unlicenced or employing or engaging unlicenced security workers or other stated offences under the Act.
e) The company holds a licence that is suspended or has had a security licence cancelled in the last 7 years.
f) One of the disqualifying criteria listed above applies to any of the company officers.
g) None of the company officers have had 12 months experience in the last 5 years in the classes of private security business to which the application relates.
[1] Company officers are the directors of the company and the chief executive – s 4 of the Act.