SAIWA WA Security Legislation 2 — Questions and Answers
Question 1: What is the primary legislation governing the security industry in Western Australia?
- The Security Industry Act 1997
- The Security and Related Activities (Control) Act 1996 (Correct answer)
- The Private Security Act 2004
- The Protective Security Act 2001
Correct answer: The Security and Related Activities (Control) Act 1996
The Security and Related Activities (Control) Act 1996 is the primary legislation.
The Act establishes the licensing framework, sets out powers and responsibilities, defines licence classes, and prescribes penalties.
Question 2: Who has authority to inspect a security company's premises and records under WA legislation?
- Any member of the public
- Authorised officers from WA Police Licensing Enforcement Division (Correct answer)
- Only the company's auditors
- Federal police officers
Correct answer: Authorised officers from WA Police Licensing Enforcement Division
Authorised officers from the Licensing Enforcement Division have broad inspection powers.
Powers include entering premises during operating hours, examining registers, verifying licence details, and checking compliance.
Question 3: What does the Act define as security agent work?
- Only guarding buildings
- A range including guarding, crowd control, investigating, consulting, installing equipment, and bodyguarding (Correct answer)
- Only patrol and response
- Only CCTV monitoring
Correct answer: A range including guarding, crowd control, investigating, consulting, installing equipment, and bodyguarding
The Act broadly defines security work encompassing multiple functions.
Each function requires the appropriate licence class. The broad definition ensures all security-related work is subject to regulation.
Question 4: What are the grounds for refusing a security agent licence application under WA law?
- Only a current conviction
- Criminal history, lack of fitness, failure to meet training requirements, or other unsuitability factors (Correct answer)
- Only financial insolvency
- Only age requirements
Correct answer: Criminal history, lack of fitness, failure to meet training requirements, or other unsuitability factors
Applications can be refused on multiple grounds including criminal history, fitness concerns, and training deficiencies.
Applicants have the right to appeal refusal decisions to the State Administrative Tribunal.
Question 5: What legislative requirements apply to security agent uniforms in WA?
- No requirements exist
- Uniforms must not be designed to be confused with police, military, or emergency service uniforms (Correct answer)
- Must wear police-style uniforms
- Only crowd controllers have requirements
Correct answer: Uniforms must not be designed to be confused with police, military, or emergency service uniforms
WA legislation prohibits security uniforms from resembling police, military, or emergency service uniforms.
Security agents do not have police powers, and uniforms creating that impression could lead to misunderstandings.
Question 6: What appeal rights exist if a security agent licence is refused, suspended, or cancelled in WA?
- No appeal rights
- Appeal to the State Administrative Tribunal within a prescribed period (Correct answer)
- Only appeal to the Commissioner
- Appeals only through courts
Correct answer: Appeal to the State Administrative Tribunal within a prescribed period
Affected persons can appeal to the State Administrative Tribunal within the prescribed timeframe.
The SAT can review the decision's merits, consider new evidence, and confirm, vary, or set aside the original decision.
SAIWA WA Security Legislation 2
What is the primary legislation governing the security industry in Western Australia?