Bakshi Kanwaljit Singh: Private Security Personnel and Private Investigators Bill — Third Reading 
Bakshi Kanwaljit Singh: Private Security Personnel and Private Investigators Bill — Third Reading 
[Volume:666;Page:14035] 
KANWALJIT SINGH BAKSHI (National) 
: 
 It is my privilege to speak in the third reading debate of the Private Security Personnel and Private Investigators Bill. This bill highlights the concern demonstrated by the review of the Private Investigators and Security Guards Act 1974. This bill repeals and replaces the 1974 Act. There have been major developments since the Act was enacted 1974. Times have changed and a lot of modern gadgets are now available. 
This legislation ensures that in future there will be better screening and monitoring of all personnel entering this industry. To this end there is a requirement to wear an identification badge that has been issued by the authority. A licensing authority will be established to replace the existing Registrar of Private Investigators and Security Guards. This authority will manage the licensing process and enforce the licensing requirements. This bill controls all people involved in this industry and ensures that personnel undertake at least a minimum level of training to handle any situation they may encounter. The licensing authority will also have discretion to cancel a licence if the licensee is guilty of misconduct or gross negligence in the course of his or her business. In this light penalties for offences have been increased. The maximum penalty incurred for operating a business without a licence currently is $2000. That will go up to $40000 for an individual and to $60000 for a company. 
The reform of the security industry is very timely as we will be hosting the Rugby World Cup next year. Under this bill crowd controllers such as bouncers who perform an important role at busy bars and pubs will be regulated for the first time. They will be expected to deal with any crowd control situation that may arise. The most important policy change relates to the now removed clause 66 which like section 52 of the 1974 Act prohibited private investigators from taking or using photographs or recordings without obtaining a person’s written consent. This provision has been viewed very controversially for some time. This ban has made it extremely difficult for private investigators to do their work—work that is legitimate and often important such as exposing frauds or locating missing persons. The majority of the select committee recommended removing clause 66 and replacing it with the requirement to make a regulation that imposes a code of conduct on private investigators. This code of conduct has a wide scope such as disqualification of a person from holding a licence if they have a conviction for certain offences for example violence or dishonesty. The select committee also extended the list of relevant offences as grounds for disqualification to include offences under the Arms Act criminal harassment contravening a restraining order and intimate covert filming offences. Any of these offences would reflect on a person’s suitability to do security work. 
Last I acknowledge Chester Borrows the chairperson of the Justice and Electoral Committee and other members who have worked hard to finalise this bill. I also acknowledge the Hon David Parker whose knowledgable input has also benefited this bill. I commend this bill to the House.