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D E C E M B E R 2 0 1 4

A Message from Superintendent Brett Curran

Police Co-operation

3

New Team Leader 2

Family Violence 4 A Message from Superintendent Brett Curran 1 I N S I D E T H I S I S S U E : LRD Contact Details GPO BOX 2807, Melbourne 3001, Victoria, Australia 1300 651 645 licensingregulation@police.vic.gov.au L I C E N S I N G & R E G U L A T I O N D I V I S I O N L I C E N S I N G & R E G U L A T I O N D I V I S I O N

Acting Outside the Scope of Licensed Duties 3 Change of Address Offences 4 LRD Welcomes New Senior Sergeants 5

Newsletter

The Private Security Newsletter provides information regarding topical issues to the private security industry in Victoria. For more information, news and previous editions of the newsletter visit:

www.police.vic.gov.au/privatesecurity P A G E 1 Up-to-date Licence Application Forms 2 Holiday Operating Hours 6 New Manager Appointed 7

As the year comes to an end it is with pleasure I introduce our final newsletter for 2014. Over the course of the last six months, I have enjoyed meeting various stakeholders across the three different industry groups and am pleased at the level of professionalism and dedication that you share.

It is apparentthat the overwhelming

majority of all licence holders across the firearms and private security industries

comply with their obligations and licence conditions. However, we must remain vigilant in ensuring compliance in accordance with legislation, specifically with our obligation to safely store firearms. We have had several cases where licences have been cancelled and firearms seized due to storage offences. Naturally, enforcement continues to be a core business activity as we strive to create a safer Victoria. A significant number of random audits have been conducted across the firearms and security industries, resulting in a series of prosecutions. We have had a focus this year on removing firearms from those who are not fit and proper to hold a licence. Most notable was the court’s ruling to uphold Victoria Police’s decision to refuse to license members of an Outlaw Motorcycle Gang.

We have also developed a quick guide in consultation with state government and representatives from the health sector to assist health professionals in understanding their role in the firearm licensing process.

We strive to deliver excellent customer service and I am very proud of our staff and their hard work. A significant focus of the coming year will be removing those from the firearms and security groups who have no place in them, with particular emphasis on those who perpetrate acts of family violence. I am sure you support us in that pursuit.

Finally, on behalf of the team at the Licensing & Regulation Division of Victoria Police, we thank you for your support over the past year and wish you a very safe and enjoyable festive season. We look forward to working with you again in 2015.

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The Licensing & Regulation Division (LRD) has noticed that some Registered Training Organisations are providing their students with photocopies of old Private Security licence application forms, some of which are out-of-date by up to five years. Application forms are updated periodically to meet legislative requirements or support new processes. It is therefore imperative that only current application forms be submitted to LRD as out-of-date forms will not be processed and will be returned to the applicant.

Up-to-date forms are available for download from the Victoria Police website at

www.police.vic.gov.au/privatesecurity.

Up-to-Date Licence Application Forms

New Team Leader

LRD welcomes Patrick Murphy to the position of Team Leader with the Security Services Unit. Patrick comes to LRD after 12 months as a Conference Centre Coordinator at Airlie Leadership and Development Centre.

Patrick brings significant policy and customer service experience to LRD having worked in a personnel support role with the Department of Defence for several years. Patrick is excited about his newly appointed role and welcomes any feedback or suggestions you may have.

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L I C E N S I N G & R E G U L A T I O N D I V I S I O N P A G E 3

Acting Outside the Scope of

Licensed Duties

LRD expects everyone licensed under the Private Security Act 2004 (‘the Act”) to

co-operate with police while performing duties in accordance with their licence. There have been recent cases where licensed individuals have chosen not to co-operate or assist police when requested to do so. Please note that this practice may result in the licence holder being deemed to no longer satisfy the probity requirements as a fit and proper person under the Act.

Failure to comply with the Act or conditions of the licence may result in severe penalties including licence cancellation.

CASE STUDY:

Private Security individual licence holders performing crowd controller duties at a licensed hotel in inner-suburban Melbourne witnessed a patron threaten the life of another patron before fleeing the establishment. Police were called to investigate the matter and the crowd controllers were requested to provide statements to police, but refused to do so. A discipline inquiry pursuant to Section 50 of the Act was

subsequently initiated; a decision to cancel the crowd controllers’ Private Security licences is currently pending.

Police Co-operation

LRD takes a firm stance on licence holders who are seen to be perpetrating acts of violence beyond the scope of their licensed activities. This is particularly relevant for those licence holders engaging in crowd controller duties. Licence holders are reminded that any force used while on duty cannot be disproportionate to the objective, especially in light of the newly introduced “one-punch” legislation.

CASE STUDY:

“Licence Holder A” had been a Private Security licence holder for 15 years, allowing him to engage in crowd controller duties. Nothing adverse had been recorded against him until an incident in early 2014 while “Licence Holder A” was performing crowd controller duties at a suburban nightclub. It is alleged that “Licence Holder A” was involved in forcibly removing a patron from the venue and kicking the patron to the body near the exit. The patron subsequently walked from the venue and was followed by “Licence Holder A”. Some distance away from the venue, it is alleged that “Licence Holder A” then violently punched the patron to the face, causing the patron to fall to the ground, hitting his head on the footpath and rendering him unconscious. It is alleged that “Licence Holder A” provided no aftercare to the patron, and instead re-entered the nightclub.

“Licence Holder A’s” Private Security licence was cancelled pursuant to Section 56 of the Act.

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Change of Address Offences

Family Violence

The nature of violence in family relationships is seen as an extremely serious matter and Victoria Police will apply a zero tolerance policy to Private Security licence holders who perpetrate acts of family violence.

CASE STUDY:

“Licence Holder B” had been a Private Security licence holder for 10 years, allowing him to engage in the activities of crowd controller and security guard. An altercation with his partner in mid-2014 resulted in a Safety Notice issued against him to protect the victim. A full intervention order was subsequently granted. A month later “Licence Holder B” attended the victim’s residence in contravention of the intervention order. It is alleged that he physically assaulted the victim, causing her injury, and proceeded to remove all means of communication from the victim’s home rendering her

helpless to seek assistance.

“Licence Holder B’s” Private Security licence was immediately suspended.

CASE STUDY :

“Licence Holder C” had been a Private Security licence holder for 5 years, allowing him to engage in the activities of crowd controller and security guard. A verbal altercation with his partner in early 2014 resulted in a report being made to police. Later that year it was reported that “Licence Holder C” had subjected the same victim to several months of verbal and physical abuse that culminated in “Licence Holder C” assaulting the victim with a sharp household tool and punching her to the head and body, causing injury. A full intervention order was issued to protect the victim.

“Licence Holder C’s” Private Security licence was immediately suspended.

In recent months, a significant number of penalty notices have been issued to licence holders across the Security and Firearms industries for failing to notify LRD of a change of address in writing within the legislative time frame (7 days for Private Security, 14 days for Firearms).

Licence holders are reminded that they must notify LRD directly of a change of address. Informing VicRoads of the address change has no effect on your Firearm or Private Security licence.

Failing to notify a change of address not only attracts an infringement notice but creates a significant inconvenience and cost to the licence holder, who is required to submit a new application and surrender his/her firearm(s) until a new licence is issued.

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L I C E N S I N G & R E G U L A T I O N D I V I S I O N P A G E 5

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LRD Welcomes New Senior Sergeants

Andrew Armstrong

Senior Sergeant Andrew Armstrong has been a serving member of Victoria Police for 25 years, having worked at a number of metropolitan areas both in uniform and as an investigator before joining LRD in July 2014. Prior to coming on board at LRD, Andrew was with the Sex Industry Coordination Unit where he co-ordinated the activities between external stakeholders and internal investigative teams. “I took the role at LRD as I wanted the opportunity to work in an exciting and

challenging environment across three dynamic industries. Over the last five months I have focused on developing an in-depth knowledge of the industries and look forward to engaging with our various stakeholders to better understand the challenges moving forward.”

David Pinner

In his 19 years of service with Victoria Police, Senior Sergeant David Pinner brings a great deal of experience to LRD, particularly in compliance enforcement across a variety of industries and divisions. In the several years that David regulated the Liquor Licensing industry, he introduced polices to decrease the number of alcohol

related offences and violations against the Liquor Control Reform Act 1998.

David also managed the unit responsible for crime scene investigations in the Boroondara Police Service Area before taking on the role of Acting Senior Sergeant with the Road Policing Strategy Division, where he formulated strategies and conducted operations aimed at reducing the road toll. David had a direct influence on Victoria Police’s policy on road policing.

“During my tenure with the Victoria Police Liquor Licensing Unit, I worked closely with a number of stakeholders across the Private Security industry and developed an in-depth understanding of the legislative requirements governing licence holders. I am also an avid hunter and sport shooter and am pleased to be in a position where I have direct knowledge and first-hand experience of the industry. I look forward to working with our various counterparts and meeting members of the Firearms, Weapons and Private Security industries in 2015.”

Brett Kahan

Senior Sergeant Brett Kahan brings a wealth of experience in crime investigation to LRD, having worked across a number of units within Victoria Police over his 19 years of service. Prior to joining LRD, Brett was a Detective Sergeant in the Armed Crime Taskforce where he managed investigations into live kidnappings, non-fatal shootings, firearm trafficking and armed robberies, particularly on gaming venues. From this, Brett implemented the State-wide “Recci Register”, a proactive initiative that encourages the operators and staff of the gaming venues to report suspicious behaviour prior to the commission of armed robberies. The Recci Register now services over 700 gaming venues.

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“Given my background in crime investigation, I was excited to take on a new challenge, particularly one that has such a strong focus on compliance enforcement. I hope to keep driving change and building appropriate partnerships with internal and external stakeholders that can assist in the continued regulation and enforcement of the Private Security industry. I believe it’s important to keep individuals and companies within the industry accountable and will strive to drive a clear message that non-compliance at any level will not be tolerated.”

Holiday Operating Hours

LRD’s hours of operation over the holiday season are as follows:

Monday, 22 December Counter Closed. Telephone 8:30am – 4:30pm

Tuesday, 23 December Counter Closed. Telephone 8:30am – 4:30pm

Wednesday, 24 December Counter Closed. Telephone 8:30am – 1:00pm

Thursday, 25 December OfficeClosed

Friday, 26 December OfficeClosed

Monday, 29 December Counter Closed. Telephone 8:30am – 4:30pm

Tuesday, 30 December Counter Closed. Telephone 8:30am – 4:30pm

Wednesday, 31 December Counter Closed. Telephone 8:30am – 1:00pm

Thursday, 1 January Office Closed

Friday, 2 January Counter Closed. Telephone 8:30am – 4:30pm

LRD will resume normal business hours on Monday, 5 January 2015.

Please note, during this period there will be a drop-box located outside the lifts on level 4 for those wishing to drop off their applications however, there will be no access to LRD offices.

Continued…..

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L I C E N S I N G & R E G U L A T I O N D I V I S I O N P A G E 7

New Manager Appointed

Livio Di Camillo, a long term member of the LRD team, has been appointed Section Manager, Licensing. Prior to joining LRD, Livio spent 12 years in the Private Security industry both as a security guard and a crowd controller.

“The opportunity to work at LRD was an exciting proposition. Not only had I been involved in the security industry for a number of years but I am also an avid hunter. Some of my fondest memories as a young boy are the hunting trips I would go on with my dad, grandfather and brother. Although it was a long time before I was allowed to carry and use a firearm, I was always keen to be involved; whether it was skinning rabbits, plucking ducks or simply sitting around the campfire, hunting has always had a special allure and is a tradition that I hope to introduce my own children to one day. Some people think that firearm ownership should be a right; others say it’s a privilege. I firmly believe that it is more than all of these things; owning a firearm is a responsibility. This is why I find working at LRD so satisfying. Not only does the work we do here significantly contribute to community safety, but it also helps to ensure hunting and firearm ownership continues to be an option for those who value the ability to harvest their own game for the table.

Similarly, I am also well aware that a crowd controller or security guard is often the first point of contact for people who need urgent assistance. I take pride in the fact that I now contribute to preventing undesirable or poorly trained individuals from possessing firearms or entering the security industry.

Although I have worked in many different occupations, I can honestly say that my time at LRD has been the most rewarding of my career.”

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