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Complaint – No statutory requirement precluding security licences holders from subcontracting with unlicensed security company for provision of security services but this can still amount to unsatisfactory conduct - discussion of what it means to “permit to act as a responsible employee” in s 45(1) and whether head contractor is permitting volunteers or security guards to act as responsible employees when those guards are employed or supplied by a subcontractor – ss 4, 23,45(1) &(3), 78(1B).
Sullivan complaint – Unlawful repossession – no contract, court order or appropriate documentation – misconduct and gross negligence – fine, reprimand and conditions attached to licence – ss 4, 80(1)(e), 78(1)
Legion Security final penalty decision – Breaches of the Act – Misconduct – stay on cancellation lifted as conditions for permanent stay not met – Licence cancelled.
Protektus penalty decision – Report from security consultant confirmed they are now a responsible and compliant licence holder – Reprimand and fine rather than earlier indication of cancellation.
Blackfern Protection Group Ltd application for a company licence – Complaint against director – holding himself out to be in business as a private investigator without a licence – only evidence of required experience in some classes over 5 years ago when director and previous company were the subject of complaints and did not comply with its legal obligations – not suitable to be a company officer – company licence declined, COA issued by mistake - some classes removed from COA and condition added – s 4, 23(1), 33, 5(3)
DBDS & Singh complaint – operating a security business without a licence – Employing security guards with expired or no COAs - Misconduct – Reprimand, barred from applying for a licence for five years & fine – ss 23, 44, 45, 78(1)(c)(v)
Complaint against Protekus Security Limited - engaging security guards without COAs s 45(1) - working without a licence in the required class s21 - not keeping property records or complying with obligations in the Act - Outcome likely to be cancellation of licence but with a 2 month deferral.
Police v Shaw - running a security business without a licence and permitting a person to act as a security guard without a COA is misconduct - COAs cancelled, reprimanded and fined.
Working as an employment investigator without a licence a breach of s23 - warning given - no jurisdiction to deal with other aspects of complaint as not a licence or certificate holder
Complaint against Legion Security - operating a security business without a licence, employing security workers with COAs, not keeping proper records-both company and sole director guilty of misconduct - Previous formal warning given - Security licence cancelled but order stayed for four months ss 4, 23, 45, 78, 81, 106 of the PSPPI Act and regulations 5 & 6
Rooney Complaint – Working in security while COA suspended – running a security business without a licence & giving false information to the Authority and CIPU – Misconduct – COA cancelled. SS 4, 23, 44 & 105 of the PSPPI Act
S.E.A.L Security and Kumar Penalty decision – Reprimand, $1,000 fine and condition place on licence prohibiting further recruitment of migrant workers.
CIPU Investigation into company licence holder – Contravention of s 45(1) by engaging security workers without COAs is misconduct – providing misleading information in support of an employees application for a COA is unsatisfactory conduct – fine and reprimand.
Police v Dellaway – disqualifying conviction under s 62(f)(vi) – mandatory ground for cancellation – COA cancelled and company licence suspended under s43(6) for failing to file annual returns
Police v Singh - Disqualifying convictions - no longer suitable to be a security worker - COA and company licence cancelled.
Police complaint upheld - Seki Security Ltd employing non-COA holders - CIPU report - allegations substantiated - breach of condition - company licence cancelled - COA cancelled - finding of misconduct - ss3, 43, 45, 73, 74 80, 83 & 96C of the Act
Complaint against security company and director of employing persons to work unlawfully - company in liquidation and licence cancelled by consent - directors COA renewed but on condition that she must be engaged by a third-party licensee and not manage or run a security business for 2 years.
Re SPS Security Limited - Application for company licence declined as company was guilty of misconduct by operating without a licence, trying to cover up breaches of the Act, and providing misinformation to the Authority and CIPU. Guidelines about steps that need to be taken before new application will be considered.
King's Security & Simpson complaint - engaging security workers without COAs misconduct - carrying on work in a voluntary capacity in classes for which no licence or COA is held is not a breach of the Act but can be a breach of Guidelines for Volunteers and amount to unsatisfactory conduct.
Police v Doherty - complaint about running a security business without a licence - no longer suitable to be a certificate holder due to association with a gang and other concerning behavior - finding of misconduct and no longer suitable to carry on the class of business to which his certificates relates
Turner & Waihape complaint - operating a security business without the required licence is misconduct - penalty reprimand and further training.
Application for an individual licence declined after convictions for obtaining by deception and offences under the PSPPI Act of working as an unlicenced security consultant and personal guard – continued failure to comply with responsibilities of a security business owner – not suitable to be a licence holder.
GM Security Services Contractor Limited & Papaliitele – continual breaches of the Act – licence and COA suspended until annual returns filed.
Tigers Express Security Penalty Decision – cancellation of company licence, fine and conditions attached to company officer’s certificate.
Timoti Police complaint – disqualifying convictions and prison sentence – COA expired – Complaint proved – Penalty barred from holding a certificate of licence for six years.