Security Licence Applicants in NSW: Character Reference Requirements

A Useful Guide to Security Licence Application References in NSW

In NSW, persons applying for provisional, class 1 or class 2 security licences are required by legislation to provide 2 written character references.
The Security Industry Regulation 2007 details who can, and who cannot, provide character references to security licence applicants and what information must be included in the references.

Who can provide a written character reference to a security licence applicant in NSW?
The individual providing the character reference must:

• Be an Australian resident
• Have personally known the applicant for a minimum of 12 months

The person providing the written reference must also come within one of the following categories of person:

• Accountants; but only if a:
• CPA Australia member
• Institute of Chartered Accounts in Australia member
• Member of the National Institute of Accountants
• Registered Tax Agent
• Bank managers
• Judges
• Lawyers
• Australian Patent Attorneys
• Ministers of Religion
• Justices of the Peace
• Registered Medical Practicioners
• Registrars / Clerks of the Court
• Government Employees employed for 5 years full time (except Police)
• School / Tertiary teachers employed for 5 years full time
• Applicant's Current or Previous Employers
• Security Licencees who have held their licence continuously for at least 5 years

A reference may not be produced by the following people related to the applicant:

• Mother or Father (or other person with 'parental responsibility')
• Husband, Wife or Partner in a De Facto Relationship
• Child, Stepchild, Foster Child (etc)
• Brother, Sister, Half Sibling or Step Sibling

What information must be included in the character reference?

The written reference must include:

• The name of the applicant
• The date of the reference
• The name, address, phone number of the person writing the reference on behalf of the applicant
• The 'class' to which the person writing the reference belongs (eg. lawyer, minister of relgion)
• Statement about how the referee knows the applicant
• How long the referee has known the applicant
• A statement attesting that the referee believes the applicant to be a "fit and proper person to work in the security industry"

It is an offence to provide a false character reference.

• Clause 14(3) of the Security Industry Regulation 2007
  It is an offence for a referee to provide a written character reference that is false or misleading in a material particular.
  Maximum penalty is $2,200.

• Part 5A of the Crimes Act 1900
  It is also an offence for a person to give information to the NSW Police  that is false or misleading in a material particular.
  The maximum penalty that applies is $22,000 or 2 years imprisonment, or both.
   
• The Security Licensing & Enforcement Directorate
  This body may conduct random / targeted audits of character references supplied by applicants. It's the responsibility of the applicant to ensure their referee is aware of their requirements.

Example Security Licence Application Character Reference:

The Director
Security Licensing & Enforcement Directorate
State Crime Command
NSW Police Force

Dear Director

I am a [class of person - eg registered tax agent] and I have known [applicant's name] for [how long - eg 3 years] as [how you know the applicant - eg as a patient]. In that time, I have found [him\her] to be of good character and a fit and proper person to work in the security industry.

I understand that it is an offence under the Security Industry Regulation 2007 and\or the Crimes Act 1900 to provide a false or misleading character reference.

I may be contacted during business hours on [daytime telephone number].

Yours sincerely

[Referee’s signature and name]
[Referee’s business or residential address]
[Date]

[All of the above information was adapted from the NSW Police Force Fact Sheet which serves as a guide to the requirements of written character references for the Security Industry Act 1997 and the Security Industry Regulation 2007. It is not legal advice.]