Commissioners Information Bulletin 141
Issued: 30 August 2000

Trainee Identification - Security Industry

In recent discussions with the NSW Police Service Security Industry Registry, the Police, as a matter of public safety, expressed concerns regarding the proper identification of persons undergoing traineeships in the security industry while on the job and the bona fide’s of trainees.

Apprentices and trainees are exempt from the operation of section 6 (3) of the Security Industry Act 1997 (SI Act) viz: “The regulations may exempt any person or class of persons from the operation of this Act in such circumstances, and subject to such conditions, as may be specified in the regulations. Any such regulation may create offences in relation to a failure to comply with a condition prescribed in relation to an exemption. While carrying on security activities in the course of their apprenticeship/traineeship training, the Police Service require them to carry proper identification.”

The Security Industry Regulation 1998 section 5 - Exemptions: section 6, at sub-section (3) includes an exemption for apprentices and trainees viz:

“apprentices or trainees (within the meaning of the Industrial and Commercial Training Act 1989) while carrying on security activities in the course of their apprenticeship or training with a person who is the holder of a licence authorising that person to carry on those security activities, but not if the apprentice or trainee concerned would be refused a licence because of section 16 of the Act (SI Act)).”

As an apprenticeship and a traineeship is not in effect within the meaning of the Industrial and Commercial Training Act, 1989 until the signed indentures are lodged with the Commissioner for Vocational Trainingthe exemption does not apply until lodgement takes place.

Prior to the employer lodging an application to establish the traineeship (VT5/VT7) the proponent trainee is to undergo a Pre-Training Criminal Record Check with the NSW Police Service Security Industry Registry in accordance with the SI Act.

A copy of the NSW Police Service Security Industry Registry Authority for Pre-Training Criminal Record Check form (P 607), with evidence of a SUITABLE assessment of the trainee by the Police Security Registry and a training plan is to be provided with the applications to establish a traineeship in Certificate II and III Security (Guarding).

The training plan, negotiated with the nominated Registered Training Organisation (RTO), is to provide for the delivery of the core units specified in the training package at the beginning of the traineeship. Completion of these units allows for the trainee’s eligibility for a Class One licence. Note that this requirement is for the above traineeships only.

To enable trainees to begin on-the-job training the indenture of traineeship must be lodged and registered on the earliest possible date after commencement. The Police will accept the trainee copy of the indenture as appropriate identification for the trainee while undertaking training in the industry.

In order that indentures are issued within the timeframe that will allow trainees to commence on-the-job training as soon as possible after the commencement date the procedures set out in Attachment A are effective from September 4, 2000.

It is also proposed that the Security Industry fund the issue of an appropriate photo identity card attesting to the holder being a registered trainee in accordance with the ICT Act. In the interim the copy of the indenture will be the minimum identification to be carried by the trainee while undergoing training in the industry.

It has been agreed in principle that DET will provide the NSW Police Service Security Industry Registry with trainee information to assist in its management of the industry under the SI Act. The level of information is yet to be determined within the parameters of the NSW Privacy and Personal Information Protection Act 1998.

The procedures at Attachment A to this CIB are to be followed for the Certificate II and III Security (Guarding) traineeships only.

For any enquiries regarding this CIB, please contact the Vocational Training Tribunal Unit on (02) 9266 8579.

JILL GIENTZOTIS

Director of Recognition Services