Security Insider December 2018/ January 2019

Vol.23 | Issue 5 | Dec/Jan 2019

THE MAGAZINE FOR SECURITY PROFESSIONALS

Securing Tall Buildings Page 22

14

18

34

2018 Security Industry Awards

Nation’s thin fluoro line between chaos and order

Will your relationships with ABN holders pass the test?

ALWAYS USE A LICENSED SECURITY PROFESSIONAL ... and make sure they are an ASIAL member

It’s your mark of distinction

Find an ASIAL member: www.asial.com.au

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Contents Vol.23 | Issue 5 | Dec 2018/Jan 2019

NATION’S THIN FLUORO LINE BETWEEN CHAOS AND ORDER

18 22

28

34

SECURING TALL BUILDINGS

SHOULD YOU PAY PAYROLL TAX?

WILL YOUR RELATIONSHIPS WITH ABN HOLDERS PASS THE TEST?

06 President’s Message

22 Securing Tall Buildings

07 ASIAL Guideline- Harassment and Discrimination

28 Should You Pay Payroll Tax?

37 ASIAL Graded Monitoring Centres

11 Changes to Security Services Industry Award 14 2018 Australian Security Awards

ASIAL STRATEGIC PARTNERS

4 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

30 Outstanding Security Awards 36 Q & A with ASIAL Staff Member – Lindsay Li

40 Hot Products 42 Individual Recognition Program

A DV ERTO RIAL

Insurance change to help younger super members

GROW THEIR LIFE SAVINGS AustralianSuper members under age 25 are no longer given insurance automatically when they join the fund in a bid to stop account erosion and make the system simpler and fairer for young members.

You can read more about the changes and how they impact younger AustralianSuper members at australiansuper.com/under25faqs Take the next step and find out how much cover you need at australiansuper.com/under25

In an industry first, younger fund members will be able to opt in to insurance rather than automatically receive it when they join.

AustralianSuper’s Group Executive of Membership, Rose Kerlin, said the fund made the move after extensive analysis and feedback on the impact of automatic default insurance premiums on the erosion of account balances of young people.

“AustralianSuper has made this decision in the best interests of our members,” Ms Kerlin said.

“People under 25 starting out in the workforce need to begin building a base for their retirement savings.

Given that they are often on relatively low incomes, we don’t want to see undue account erosion because of insurance that may actually be of very limited value to them.

“But we also want to stress that members under 25 will still be able to choose to have insurance if they want it and cover will start automatically when they are 25.”

Ms Kerlin said insurance is primarily of benefit to people who have dependents or financial commitments that may be affected as a result of death or total and permanent disability.

“With people getting married or having kids later in life, we need to adjust our assumptions of what people need at various stages in

their life,” Ms Kerlin said.

“AustralianSuper’s experience is that for claims paid for members under 25, only 10% are paid to financially dependent spouses or partners and children.”

The overall saving of this initiative, based on current prices, for a member joining the fund at age 15 is $637.

This amount accumulated to retirement at 65 will increase the member’s retirement balance by nearly $9,000, or nearly $1,600 in today’s dollars.

The changes means that default death and total and permanent disability insurance will, from 27 October 2018, be in line with default income protection insurance which starts for AustralianSuper members at age 25.

The move by AustralianSuper addresses one of the key issues being looked at by the Insurance in Superannuation Working Group (ISWG).

“The ISWG has identified account balance erosion as a key issue, and as a fund we are determined to address it,” Ms Kerlin said.

“The ISWG has made important progress on a Group Insurance Code of Practice which is aimed at protecting members’ best interests when it comes to the provision of insurance through super.”

SEC URI T Y I N SI DER | DEC /JA N 2 019 5

PRES IDE NT’S ME SS AG E

Editorial and Advertising Security Insider is published by The Australian Security Industry Association Limited

In 2019 ASIAL will celebrate its 50th anniversary, a significant achievement by any measure.

PO Box 1338 Crows Nest, NSW 1585 Tel: 02 8425 4300 | Fax: 02 8425 4343 Email: communications@asial.com.au Web: www.asial.com.au Publisher

Editor Bryan de Caires Editorial Enquiries communications@asial.com.au Advertising Anna Ho I events@asial.com.au advertising@asial.com.au

October was a big month for the Association with the 2018 Australian Security Industry Awards and the ASIAL Board elections being held. The 23rd Security Industry Awards for Excellence organised by ASIAL held in conjunction with the 4th Outstanding Security Performance Awards was a tremendous event.

I would like to thank all those who nominated and congratulate all of the winners and finalists. The full list of award winners can be found on the ASIAL website and if you turn to pages 14–17 and 30-31 of this issue you will find some photos from the night.

Every two years the Australian Electoral Commission conducts elections for the ASIAL Board. The results of this year’s elections have been announced with both John Gellel (Vice President) and myself (President) being re-elected. We are joined by fellow board members Fred Khoury, Mike Smith, Rod Anderson, Suzette Po-Williams, Brian Foster and Rachaell Saunders.

I would like to acknowledge the 11 candidates who put themselves forward for election, an indication that there are many members who care and want to be involved.

The strong field of candidates is testimony to the significant contribution ASIAL makes to the development of our industry. In addition, I would like to thank John Hadden for his contribution as an outgoing board member of the Association over the past two years.

Last month, the Australian Strategic Policy Institute released its Special Report: Safety in numbers – Australia’s private security guard force and counter terrorism which ASIAL provided support. The report acknowledges that the private security industry plays a significant role in both preventing and responding to critical incidents. You can read more about the findings in an article written by the co-author of the report, Anthony Bergin on page 18.

In 2019 ASIAL will celebrate its 50th anniversary, a significant achievement by any measure. Over the course of the year we will be celebrate this major milestone, I hope you will be able to join us.

Finally, as another year comes to a close I would like to wish you all a safe and enjoyable holiday season.

Graphic Design + Digital Mitch Morgan Design 0402 749 312 mitch@mitchmorgandesign.com www.mitchmorgandesign.com Editorial Contributors Anthony Bergin, Chris Delaney, Kerran Campbell and Revenue NSW Print + Distribution Whirlwind Print Pty Ltd Published bi-monthly Estimated readership of 10,000 Views expressed in Security Insider do not necessarily reflect the opinion of ASIAL. Advertising does not imply endorsement by ASIAL, unless otherwise stated with permission. All contributions are welcomed, though the publisher reserves the right to decline to publish or to edit for style, grammar, length and legal reasons.

Press Releases can be emailed to: communications@asial.com.au.

Internet references in articles, stories and advertising were correct at the time of printing. ASIAL does not accept responsibility form is leading views. Copyright©2018 (ASIAL) All rights reserved. Reproduction of Security Insider magazine without permission is strictly prohibited. Security Insider is a subscription based publication, rates and further details can be found at www.asial.com.au.

NEXT ISSUE: FEB/MARCH 2019 Printed ISSN 1442-1720 Digital ISSN 2207-8282

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6 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

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CLAIMS CASE STUDY

PROFESSIONAL INDEMNITY Following several burglaries at an electronics manufacturer’s warehouse, the company engaged the services of a security system company to design, source, and install a new security system.

The security system company was also engaged to train the electronics manufacturer’s staff on the system. The electronics manufacturer claimed that the new system never worked properly, saying that they had ‘black spots’ that weren’t covered by the system and that they had no faith in the system’s ability to protect the premises or goods. The electronics manufacturer engaged the services of an on-site 24 hour guard as an alternative and refused to pay the balance of the contract to the security system company, while also banning them from their premises.

After a ten day trial, the Court found that the security system company had acted negligently and had made misleading representations in breach of section 53 of the Trade Practices Act, now section 29 of the Australian Consumer Law. The security system company was ordered to pay damages of $1,800,000 as well as the legal fees incurred by the electronics manufacturer.

The Professional Indemnity cover offered as an extension to the ASIAL Security Combined Liability policy responded to the Insured’s claim relating to the damages and legal fees, totalling $2,300,000.

If you are unsure if you require Professional Indemnity Coverage speak to Michael Pham your AON Client Manager (Industry Expert) who will provide clarity and insight to identify hidden risks associated with your Security business.

SECU RIT Y INSIDE R | DEC /JA N 2 019 7

INDUST RY NE W S

ASIAL MEMBER GUIDELINE – HARASSMENT, SEXUAL HARASSMENT, DISCRIMINATION AND BULLYING IN THE WORKPLACE Sexual harassment has received worldwide attention recently, and there is universal condemnation of the appalling treatment of women in workplaces.

In the last issue of Security Insider magazine Dr Lisa Warren discussed sexual harassment in the workplace.

Dr Warren’s take out message was: “All sexual harm is completely preventable. Prevention requires a willingness to create a cultural shift as an individual, an employee, and a member of society…”

The Australian Human Right Commission surveyed 10,000 Australian participants.

The results indicate: ­­One in three people have experienced sexual harassment at work in the last five years; ­­Only 17% of those people made a formal report or complaint; ­­Sexual harassment is most commonly perpetrated by men, and is in many cases ongoing;

­­One in three people either witnessed or heard about sexual harassment in the workplace, although only one third of those people took action in response to the incident.

The Australian Council of Trade Unions (ACTU) are currently conducting their own survey, and the preliminary results – from over 7,500 respondents – found that: ­­61% of women respondents and 35% of male respondents said they had been sexually harassed at work. ­­Less than half of the female respondents who reported being harassed said they had reported the incident.

This year’s ACTU Congress adopted a policy that the FWC should be given power to resolve, by conciliation and arbitration if necessary, sexual harassment disputes and sexual discrimination claims.

We can no longer down play the seriousness of this problem, either in our society or our workplaces.

Discrimination, Harassment, Bullying and Sexual Harassment are unacceptable in any workplace.

For its part ASIAL believes that all stakeholders in the workplace should accept responsibility for their behaviour and all workers should treat

each other with respect and dignity.

Employers should take the lead by actively implementing preventative measures designed to reduce, and as far as is reasonably possible, eliminate the instance of harassment in the workplace.

ASIAL Guidelines to assist employers To assist employers ASIAL has developed guidelines for employers to implement in their workplaces.

These include relevant policies, template checklists and awareness programs, and guidance notes to assist in conducting investigations into allegations and complaints relating to inappropriate workplace behaviour.

ASIAL Guidelines will assist employers with: ­­Definitions of discrimination, harassment, sexual harassment and/or bullying issues. ­­Drafting policies to minimise risks associated with discrimination, harassment, sexual harassment or bullying ­­Processes for investigating and dealing with claims of discrimination, harassment, sexual harassment or bullying. ­­On-Line education programs for managers, supervisors and employees. ­­Practical templates and policy documents.

Every Australian employer should be conscious of and actively seek to ensure their responsibility to maintain a safe workplace, free from all forms of harassment, discrimination and bullying, is founded upon sound policies and procedures.

ASIAL Members can access the Guideline and template resources by visiting the ASIAL website or by contacting the ASIAL Secretariat on 1300 127 425.

8 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

IN DUS T RY NE WS

4 YEARLY REVIEW OF MODERN AWARDS – Casual employment and Part-time employment Members are advised that the Fair Work Commission has made a determination to vary the Security Services Industry Award 2010 to give effect to a decision inserting a “Casual Conversion Clause into the Award”.

ATO TO INTRODUCE TAXABLE PAYMENTS REPORTING TO THE SECURITY INDUSTRY From 1 July 2019, the ATO will introduce taxable payments reporting requirements for the Security Industry.

The taxable payments reporting system was introduced by the ATO in the building and construction industry on 1 July 2012 and expanded to capture the Courier and Cleaning industries from 1 July 2018. Road Freight, IT and Security Industries will be included from 1 July 2019.

Businesses in the identified industries are required to report payments they make to other businesses (including contractors) for services rendered.

The taxable payments reporting system is aimed at:

The new provision comes into effect from 1 October 2018.

The decision appears below.

Any member seeking clarification or further information should contact ASIAL’s Workplace Relations Advisor 0412 124 147 or chris@asial.com.au

33 Assisting contractors to meet their income tax obligations 33 Improving compliance with tax obligations by contractors in the identified industry sectors, and; 33 Creating a level playing field for businesses and improving tax fairness within the industry, by ensuring compliant businesses are not disadvantaged by those who can undercut prices because they do not pay the correct amount of tax.

33 Specifically, the system addresses the following compliance problems identified as prevalent in the identified industries: 33 Non-lodgement of tax returns; 33 Omitted contractor income; 33 Not complying with GST obligations.

Affected sectors are required to report payments they make to contractors to the ATO on an annual basis. Reports are required in the August following the end of the financial year. The security industry will be required to capture all payments from 1 July 2019 with the first reporting by 28 August 2020.

The ATO will include all security services and also capture investigation and surveillance services.

A business may not be required to complete a taxable payment annual report if the total payments received for security services for the financial year is less than the current or projected GST turnover or that you have not paid any contractor for security services.

The ATO provides a variety of resources including templates, forms, fact sheets and webinar recordings to help organisations understand the Taxable payment annual report (TPAR) requirements.

ASIAL will continue to monitor the TPAR requirements and provide further updates prior to the 1 July 2019 commencement date.

ASIAL Board Election results announced The results of the ASIAL Board election conducted by the Australian Electoral Commission has been announced.

The results of the election for the following offices conducted in accordance with the provisions of the Fair Work (Registered Organisations) Act 2009. The results are as follows: 33 President: Kevin McDonald 33 Vice President: John Gellel

33 Rod Anderson 33 Brian Foster 33 Frederick Khoury 33 Suzette Po-Williams 33 Rachael Saunders 33 Michael Smith

SEC URI T Y I N SI DER | DEC /JAN 2 019 9

INDUST RY NE W S

NSW – DIGITAL DRIVER LICENCE Service NSW will launch the Digital Driver Licence, the electronic version of the NSW Driver Licence, across NSW next year. This exciting new initiative will give people the option of showing their licence on their smartphone easily and securely.

To prepare for the state-wide launch a trial of the Digital Driver Licence will take place in selected postcodes in Sydney’s Eastern Beaches and in the greater Dubbo region from the end of November 2018.

All NSW driver licence holders who live in the trial areas will be invited to take part in the trial. To participate, motorists will be required to download the Digital Driver Licence on their smartphone and show it when they need to demonstrate that they hold a valid driver licence, or to prove their identity or age.

Businesses operating in both trial areas which check their customers’ proof of identity or age via a NSW Driver Licence are invited to take part in the trial.

More information: service.nsw.gov.au/digital-driver-licence

ASIAL in the news Over the past month ASIAL has provided comment on a range of issues including CCTV, break and enter and facial recognition with a combined reach of over 7 million.

Sydney Morning Herald – 4 November 2018 CCTV feature asial.com.au/members/news-and-media-coverage/mediacoverage Realestate.com/Herald Sun – 17 November 2018 Deter burglars by making smart choices asial.com.au/members/news-and-media-coverage/mediacoverage ABC’s Matter of Fact – 13 November What does the facial recognition program proposed by the government mean for your privacy?

Watch the full episode here: iview.abc. net.au/show/ matter-of-factwith-stan-grant

10 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

CHANGES TO VICTORIAN LONG SERVICE LEAVE ACT Recently the Victorian Parliament passed the Long Service Leave Act 2018 (Vic) (2018 Act), which will create important changes to the long service leave entitlements of employees in the State.

The 2018 Act replaces the Long Service Leave Act 1992 (Vic) (1992 Act) on 1 November 2018. The new 2018 Act has been written to meet changes in community and workplace standards and to be easy to understand, fairer, and more flexible.

The new LSL Act has been written to meet changes in community and workplace standards and to be easy to understand, fairer, and more flexible.

The changes employers need to be aware of include: 33 After completing seven years' 'continuous employment' employees will be entitled to take an amount of leave on ordinary pay.

33 Paid or unpaid parental leave of up to 12 months (or longer if agreed by the parties) will now be counted as continuous service for determining the threshold.

33 If an employee is re-employed within three months of either being dismissed or resigning, the continuity of service will not be broken.

33 The 2018 Act will give employees the opportunity to take LSL one day at a time employees will also be entitled to take single days as long service leave and the employer may only refuse to grant the leave on “reasonable business grounds”.

33 Inspectors will have the power to require compliance with investigative requests and to issue notices requiring production of information or documents.

ASIAL recommends that employers ensure that their payroll systems are upgraded to ensure long service leave accruals include periods of parental leave and review policies and procedures dealing with requests for leave to ensure compliance with the provisions coming into effect.

IN DUS TRY NE WS

CHANGES TO THE SECURITY SERVICES INDUSTRY AWARD 2010 The Fair Work Commission has handed down its decision in the 4 yearly review of modern awards – Plain language re-drafting – Security Services Industry Award 2010 [2018] FWCFB 6755.

The decision includes adoption of the position advocated

by ASIAL which is testimony to the efforts of Chris Delaney.

The decision deals with: ­­The definition of Relieving Officer – ‘relieving officer means an employee who, by agreement between the employer and employee, is appointed by the employer for the purpose of relieving another security officer ­­Meal Breaks – Except where it is operationally impracticable, an employee will be granted an unpaid meal break of not less than 30 minutes where a shift exceeds five hours duration. For the purpose of this subclause it will be operationally impractical to grant an unpaid meal break unless the employee is permitted to leave the client’s premises or be unavailable for work during the period of the meal break.’ ­­Payment for public holidays falling in annual leave shutdown period.

An employee must be taken not to be on leave on any public holiday that falls during a temporary close down period. The employer is to pay the employee for the public holiday as the Award requires.

Example: An employer has arranged a temporary close down period that includes New Year’s Day. For each employee who would normally have worked on the day that is New Year’s Day, the employee must pay them their normal rate of pay for that day as though: ­­it were not a public holiday; and ­­they had worked that day.

So if on the day that is New Year’s Day the employee would have worked 8 hours at their ordinary hourly rate

and 2 hours at 150% of their ordinary hourly rate, then they are to be paid for that same number of hours and at those same rates.

ASIAL’s application to vary clause 24.10 Payment of accrued annual leave on termination.ASIAL submitted that clause 24.10 confers a greater benefit upon employees on termination of employment than if they had taken leave during the course of their employment. Clause 24.10 currently requires an employer to pay a 17.5% loading upon termination in addition to what the employee would have received had they taken annual leave during their employment.

The FWC said “We are satisfied that the existing term (clause 24.10) lacks merit and is not ‘fair’ within the meaning of the modern awards objective. In arriving at that conclusion we have taken into account the matters set out at s.134 (1)(a) to (h), insofar as they are relevant. We accept that employees covered by the Security Award are likely to be ‘low paid’ within the meaning of s.134 (1)(a) and that the variation proposed by ASIAL will diminish the capacity of those employees to meet their needs, though the impact will be limited as it will only arise when the employees receive an annual leave payment upon the termination of their employment. The variation proposed will also reduce employment costs (s.134 (1)(f)). We are satisfied that the variation of the award in the manner proposed by ASIAL is necessary to ensure that the award achieves the modern awards objective. We will vary the award and the PLED in the manner proposed by ASIAL”.

This decision finalises the plain language redrafting of the Security Award. A new draft of the Award will be published shortly.

For information on all workplace relations issues contact ASIAL’s Workplace Relations Advisor: ir@asial.com.au

SEC URI T Y I N SI DER | DEC /JAN 2 019 11

INDUST RY NE W S

QLD SECURITY PROVIDER LICENCE HOLDERS Triennial Training for Crowd Controllers and/or Bodyguards A condition of an individual crowd controllers and/or bodyguard licence in Queensland is the need to complete the following refresher training modules by the corresponding due dates: ­­ 28 August 2020 – Control Persons Using Empty Hand Techniques (CPPSEC3013A) or Control Persons Using Empty Hand Techniques (PRSSO316A); ­­ 28 August 2020 – Manage Conflict Through Negotiation (CPPSEC3002A) or Manage Conflict Through Negotiation (PRSSO305A);

­­ 28 August 2020 – Apply First Aid (HLTFA301B) or Senior First Aid (WORKPLACE LEVEL 2) or Apply First Aid (HLTFA311A) or Provide First Aid (HLTAID003) You can obtain information on training providers who offer courses in Queensland by visiting the National Training Information Service website at www.training.gov.au.

Once you have completed the required refresher training competencies, please send a copy of evidence of completion to the Industry Licensing Unit, GPO Box 3111, Brisbane QLD 4001.

FAIR WORK COMMISSION CHANGES TO MODERN AWARDS

Termination of employment Employers are now required to pay an employee’s wages and all other entitlements, within 7 days of the end of their employment.

Employers can deduct up to 1 week’s wages if an employee over 18 years resigns without giving enough notice.

Employers cannot deduct wages from employees under the age of 18 for not giving notice.

KILL OFF ZOMBIE EBA’S! The Education, Employment and Small Business Committee’s report on wage theft has called for the establishment of a dedicated industrial division within the Queensland Magistrates Court, and the roll-out of a federal labour hire licensing scheme.

The following clauses have also been varied:

View report:

33 consultation about major workplace change

‘A fair day’s pay for a fair day’s work? Exposing the true cost of wage theft in Queensland’, Queensland Parliament Education, Employment and Small Business Committee, November 2018 parliament.qld.gov.au

33 consultation about changes to rosters or hours of work 33 dispute resolution 33 individual flexibility arrangements For more detailed information contact ASIAL’s Workplace Relations Advisor: ir@asial.com.au

12 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

SEC URI T Y I N SI DER | DEC /JAN 2 019 13

INDUST RY AWARDS

SECURITY INDUSTRY HIGH ACHIEVERS RECOGNISED The achievements of outstanding individuals and organisations in the security industry have been recognised at the 23rd annual Australian Security Industry Awards for Excellence and 4th annual Outstanding Security Performance Awards held in Sydney on the 18th October 2018.

Commenting on the awards, ASIAL CEO Bryan de Caires said “The security industry performs a critical role as part of Australia’s national security mix.

These awards provide an opportunity to recognise the many hard working individuals and organisations whose significant contribution often goes unacknowledged.”

Managing Director of the OSPAs, Professor Martin Gill reflected “This was another successful evening where we recognised a range of deserving winners who show the security sector in a good light. Many congratulations to all those who won, and to the many others who, by entering, and becoming finalists, showcased security at its best”.

14 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

This was another successful evening where we recognised a range of deserving winners who show the security sector in a positive light.

IN DUS T RY AWARD S

B

H

A

C

J

4

K

G

F

I

E

2018 Australian Security Excellence Awards winners A Individual Achievement (General Security): Robert Spring, Millennium High– Tech Holdings B Special Security Event or Project (Over $500,000): Wilson Security C Product of the Year (Alarms): Inner Range D Product of the Year – (CCTV/IP System Solution): Security Monitoring Centres E Product of the Year – (Communication): Kastle Systems Australia F Product of the Year – (Physical Security, Bollard, Gate, Barrier, Lock): Ezi Security Systems

G Indigenous Employment – Winner: Wilson Security 8 Special Security Event or Project (Under $500,000): Dynamic Alternatives 9 Integrated Security Solution (Under $500,000): Blue Force J Individual Achievement – Technical Security: Simon Pollak, Scentre Group K Integrated Security Solution (Over $500,000): Chubb & SAAB

SEC URI T Y I N SI DER | DEC /JA N 2 019 15

INDUST RY AWARDS

For more information on each of the award winning nominations visit asial.com.au/securityawards2019

16 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

IN DUS T RY AWARD S

ASIAL would like to acknowledge the following organisations for their support.

Lead Dinner Sponsor

Award Category Sponsors

SHARP EYES GROUP SOLUTIONS PTY LTD Is a proudly Australian owned and operated company with a national reach and reputation for providing robust integrated Services for retail, industrial and commercial industries. Sharp Eyes Group Solutions’ success is based on providing tailored services that exceed industry best practice. Our Management team have over 30 years of collective experience in the Security Industry and have worked for ASX top 200 companies. At Sharp Eyes Group Solutions, we pride ourselves on the quality of our staff, our work and our reputation in the Industry.

SEC URI T Y I N SI DER | DEC /JA N 2 019 17

SEC URIT Y F E AT URE

Nation’s thin fluoro line between chaos and order

By Anthony Bergin

On November 13, 2015, three suicide bombers attacked the national sports stadium, Stade de France, where the French president and almost 80,000 people were attending an international soccer game. One suicide bomber was stopped from entering the stadium by a private security guard who noticed the attacker’s hurried behaviour and attempt to enter the stadium without a ticket.

About the Author: Anthony Bergin is a senior analyst at the Australian Strategic Policy Institute and ANU’s National Security College.

He is the coauthor of Safety in Numbers: Australia’s private security guard force and counter terrorism

The attacker quickly fled capture but detonated the vest seconds later, killing himself and a bystander. It’s believed that the bomber intended to detonate the vest inside the stadium, triggering patrons to flee in a panic into the street, where two other suicide bombers were lying in wait.

In the Manchester terrorist ¬attack at a concert arena in May last year, the denial of entry of the bomber to the auditorium by private security personnel reduced the number of fatalities because of panic and crowd crush.

Security guards also provided lifesaving first aid after the bomb exploded in the foyer.

The role and contribution of private security services in preventing and responding to terrorism has been a neglected issue in Australia’s national security planning.

The security guard force sector observes and reports suspicious activity. Security guards most often are the first people on the spot after a terrorist attack. Security personnel are responsible for implementing appropriate facility-level security plans, emergency response plans, crisis management and business continuity plans.

The security industry is vital to the continuous operation of Australia’s economy. Without security officers there would be no screening at airports. Hospitals, shopping centres and sports stadiums would be easy targets. Cash deliveries and the restocking of ATMs would cease. Licensed venues would be forced to close. There would be no monitoring of security alarm systems.

Most major providers of security guarding services, such as MSS Security, Wilson Security and Securecorp, are owned by overseas interests. Protection for major Australian airports and defence facilities has been provided by overseas-owned companies for many years. The primary concern relating to foreign ownership in the

18 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

sector is potential access to sensitive information and equipment. If foreign ownership is considered a concern at specific sites, the owner can employ an in-house guard force.

It’s estimated that there are more than 120,000 licensed security guards and crowd controllers in Australia, of whom 54,753 were recorded as full-time workers in the 2016 census.

By comparison, Australia has about 56,000 police and 58,000 permanent military personnel. The security workforce has a significant casual element, estimated at about 47 per cent. Because the private security industry lacks clearly defined career pathways, it has been a challenge to attract high-quality candidates to the industry.

Security officers are among the lowest paid people at most sites.

From July this year, the base rate for a permanent full-time level 1 security officer is $21.26 an hour. For some, low wages are offset by the available work hours, which may support their study or primary employment elsewhere.

Because of Australia’s mutual recognition arrangements, a person with a licence in one jurisdiction can transfer it to another. This has resulted in “licence shopping”.

The issue was put before the Council of Australian Governments in July 2008. COAG agreed to adopt a nationally consistent approach to the regulation of the guarding sector to improve the probity and skills of security personnel and the mobility of security industry licences across jurisdictions. But in the decade since

S E C URIT Y FE ATU RE

COAG met on the issue, significant changes have failed to materialise.

All security officers require the basic skills to identify, report on and respond to terrorist activity. But their training doesn’t specifically address counter-terrorism. Training courses should include material on recognising suspicious behaviour associated with pre-incident terrorism activities and how and where to report suspicious activities.

Our police and security agencies value the input of the general public in counter-terrorism, as demonstrated in campaigns such as “If it doesn’t add up, speak up”.

But there has been little outreach by police to the private security industry. That’s partly because of a lingering perception the guard force industry can’t be a trusted partner. The shadow of organised crime involvement still hangs over the sector, despite the considerable effort undertaken by all states to eliminate that influence.

There’s even a reluctance by some state police forces to allow private security companies to use dog detection services for drugs or explosives. That’s despite security operators being able to contribute these capabilities. Internationally, dog detection services are available commercially and operate within legislative constraints to support law enforcement agencies in proactively screening crowds in major venues.

Part of the image of the private security sector is based on reports of injuries and deaths caused by crowd controllers. But security officers or crowd controllers are far likelier to be injured than the public with whom they interact. One survey of security personnel found Continues over page >

SECURITY IN AUSTRALIA

120,000+

56,000

58,000

SECURITY GUARDS/ CROWD CONTROLLERS

POLICE

PERMANENT MILITARY PERSONNEL

SECU RIT Y INSIDE R | DEC /JAN 2 019 19

SEC URIT Y F E AT URE

that 57 per cent of crowd controllers had experienced a major physical assault once or more in the past year and 86 per cent of crowd controllers had experienced a minor assault at least once.

Private security personnel can play an active role in feeding information to police and security agencies, potentially deterring an attack at the planning or reconnaissance stage.

This isn’t about the private security sector using armed response: an increase in the number of firearms in the community wouldn’t help.

The primary response of private security officers to an armed assailant is to report the event, remove people from the area, isolate the offender where possible, render first aid and provide accurate witness statements.

But there’s a strong case for allowing more security guards, with appropriate training, to use plastic cuffs to provide safe restraint while reducing, and possibly eliminating, the risk of positional asphyxia.

One of the restricting factors within the guarding element of the private security sector is that there’s little opportunity for career progression. A security officer usually starts as a basic guard or crowd controller. Once they have gained sufficient experience, they may be appointed as a supervisor and be responsible for a number of guards or for a shift.

Revision of the licensing and training regimes would provide an opportunity to consider a tiered employment structure. Additional

IN THE PAST YEAR

57%

of crowd controllers experienced a major physical assault once or more

86%

of crowd controllers experienced a minor assault at least once

2 0 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

“Australia’s national terrorism threat level has been “Probable — a terrorist attack is likely” since September 2014.

Last year, that level was reaffirmed.”

training and experience could be recognised through the creation of a level such as senior security officer.

Technology changes are affecting the capabilities of the guarding services through robots patrolling public places. Drones, facial software recognition and improved clarity and precision in visual surveillance systems are all helping to solve lots of security challenges.

But interpreting and reporting their observations will remain the domain of the security officer.

The guarding sector can work with local councils and others to provide security across city precincts, especially by integrating surveillance and communication technologies.

Some examples of this are occurring, such as the Martin Place Security Forum in Sydney and information sharing around transport hubs and sporting venues in the Melbourne Docklands precinct.

We can learn from Project Griffin in London, designed to integrate the private security sector, including guards, with the city’s counterterrorism plans. Oxford Street in London, for example, has around 300 shops and a half-million visitors daily.

There are more than 2000 private security officers engaged every day, helping to keep the 1.9km street safe, working with a scale and focus not possible from police.

There’s a need to move to a national framework for security guarding licensing and training that aims higher than a lowest common denominator national or “floor” minimum standard.

A national security industry authority should be created. It would be a statutory body and could fulfil the required functions of centralising and controlling the identified elements of

the private security guarding sector.

Such an authority, responsible to the home affairs minister, would enable government to set long-term policy requirements and expectations, and would remain at arm’s length from the detailed management of the sector. The authority would be able to develop consistent standards for the delivery of training and assessments and externally validated training and verification of competency.

It could work with state agencies to investigate breaches of national standards through the provision of states’ compliance and enforcement services as part of an agreement between the states and the security industry authority. Although the states may object to the loss of regulatory responsibility and income, some funding could be returned for the development of state-specific legal training for security officers and to assist with monitoring and compliance.

Australia’s national terrorism threat level has been “Probable — a terrorist attack is likely” since September 2014.

Last year, that level was reaffirmed.

Despite the persistent risk of a terrorist attack on Australian soil, the nation’s “eyes, ears and hands” — the private security industry — has been excluded from national counter-terrorism plans.

The wholly state-based model for the nation’s guard force, with light COAG co-ordination, has failed. A nationally consistent vetting, training and licensing system will greatly enhance the abilities of security officers to contribute to our overall national efforts to prevent and respond to terrorism.

This article was published in The Australian on 17th October 2018 - theaustralian.com.au

IN DUS T RY NE WS

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SEC URI T Y I N SI DER | DEC /JA N 2 019 2 1

SEC URIT Y F E AT URE

The Council on Tall Buildings and Urban Habitat (CTBUH) define “tall’” as up to 300M, “super tall” from 300M to 600M, and Mega tall buildings being 600M and above.

Kerran Campbell

SECURING

TALL BUILD

2 2 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

S E C URIT Y FE ATU RE

There are many additional specific criteria applied by the CTBUH as to how the measurement of each height applies to define the category, but this has minimal effect on how the security solutions are applied.

This paper addresses buildings that have a minimum of 50 stories and above. These structures need security considerations that are additional to the conventional security solutions provided in today’s contemporary buildings and in most cases additional for buildings below the 50 story level.

Clearly and when the buildings are in the super tall and mega tall class,

physical design, security technology and security management. With tall buildings however the approach is much more detailed and considers project aspects that either might not apply or at least not apply to the same degree to structures below 50 stories.

This paper summarises two 150 minute executive briefings conducted on this topic at the last two ASIAL conferences, and as such the space for the level of detail available is limited. I can only cover the concepts at high level and leave the detail for further research when one considering the security solutions of these unique structures.

the degree to which the security concepts discussed in this paper may be applied in differing ways, or at least be applied to higher degrees, just how the approach occurs will generally be defined within the outcomes of the security threat, vulnerability and risk assessment (TVRA).

For sound inherent security, all buildings require a holistic security solution, which entails consideration of a combination of planning and

TVRA

DINGS

The design process should commence with a comprehensive Threat, Vulnerability and Risk Assessment (TVRA). This will include a range of threats that in most cases will include and increase in both the number and severity of the threats that may be applicable to building below 50 stories.

Due to the symbolic nature of these “tall” structures they can become targets for criminal, civil disruption and terrorist attacks, as any attack will almost certainly result in increased media exposure which can have significant impact on the buildings reputation as a place of safety, with consequential impaction on its occupants, visitors and even on future tenants. The TVRA outcomes will drive all aspects of the security design including its physical elements, the applied security technology employed and the ongoing security management (i.e. hierarchy, deployment, SOP’s, SMP, EMP, and BCPs etc.).

ARCHTECTURAL PLANNING AND DESIGN To achieve sound inherent security, the solution must be an integral element of the total building design. The security

consultant must work closely with the architects form the initial concepts and follow this through all design and documentation phase of the project.

This will provide the foundation of the solution. The four buildings used as the basis of this paper includes, the Khalifa tower in Dubai, a mega tall structure, the Al Mas tower in Dubai and the KL 118 tower in Kuala Lumpur both super tall structures and the Vaso tower in Warsaw Poland a tall structure.

CONCEPT DESIGN The security design solution commences at the concept stage as there are many planning aspects that need to be countenanced. Whist the concepts noted here fall within architectural and engineering elements of the project, they all have significant impact on the security solution hence need detailed consideration in that context.

The first is the planning of access of both vehicular and pedestrian traffic into and out of the facility, inclusive of screening of incoming personnel, vehicles and materials. The facility is also, arranged to optimise stand-off distances and minimise the opportunity for large vehicles to approach the facility unscreened.

The inclusion of car parks in these buildings always adds interesting threats due to the public nature of these elements. Most facilities where there are high levels of risk, do not have public parking below (i.e. parking is for accredited tenants whose vehicles are still subject to screening).

The screening can be carried out in a number of ways, and will depend on the configuration of the parking basements.

Since 9/11 there has been a change in the consideration of the configuration of emergency escape routes from these buildings. There was a need to ensure that a single catastrophic event is highly unlikely to extinguish all methods of escape, including to access at single floor level to the escape stairs, as well as the routes the escape stairs are threaded down through the structure, and/or the various exits of those escape stairs from the base of the building. Recently the addition of a third staircase as well Continues over page > SEC URI T Y I N SI DER | DEC /JAN 2 019 2 3

SEC URIT Y F E AT URE

As the ability to cross feed between staircases at regular intervals has increased the security challenges applicable.

A further consideration is the structural integrity and ratings of the lift solution. Buildings of this size have complex lift systems, usually spread over varying rises and zones, with the ability of these rises to operate autonomously when provided with sound physical and technological separation. The general adopted method of NO use of lifts during a catastrophic event is starting to, and in some cases has already been reconsidered. Depending on the incident, and the physical and technological impact on the various lift systems, elements of the lift system may be cleared for use by the relative authorities, under managed situations.

The use of the lifts under emergency conditions can significantly reduce the time for evacuation of the buildings. (Use of Fire lifts, goods lifts and emergency egress cross over’s, refuges, and stair case refuges for disabled to be considered) as well as specific NFPA re-entry requirements, being regularly adopted.

Very tall buildings can and indeed often include various elements of different occupancy criteria such as office accommodation, private accommodation, serviced apartments and hotels, restaurants and retail, in addition to other specialist commercial tenancies. All of these can impose differing types of threats that can also expose differing levels of risks for identified threats when compared to single style occupancy. The planning of the facility must consider how these elements can be physically separated (and serviced via the lifts), and integrated into the defence in depth (rings of security) to simplify the management of the risks posed by these varying elements. Given that the normal method of movement into and around these buildings is the facility’s lift systems, the planning issues to provide the separation can be a complex exercise. This particularly applies when there is a necessity to incorporate separate entrances into and out of the base level(s) of the facility, (not an uncommon issue for premium entities in these projects).

24 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

The architectural planning of the engineering services that underpin the operation of these facilities must countenance how these services support the facility under crisis to ensure that it mitigates the failure of one element of the engineering having an impact on another. This should be able to be identified in the mission critical analyses of the engineering systems; however the issue of impact being as a result of inappropriate planning of either the system locations and of the physical adjacencies is often overlooked.

PHYSICAL SECURITY Whilst physical security always has a role to play in the security design of any facility, the physical security aspects play a greater role in tall buildings due to their sheer size and complexity. The first aspect of physical security that must be addressed is the structural implications identified in the TVRA. The resilience of the structural frame will typically require resistance to blast, and other like threats to ensure that the frame can resist both instantaneous and progressive collapse. Car parks, if a part of the prime structure must countenance as a minimum blast, with particularly the impact of blast on structural columns, as well as the impact on the operation of the engineering solution that could be impacted by the blast. Blast must also be considered on the facility façade, particularly on the issue of “shredding” with appropriate mitigation incorporated to suit the particular facade design employed.

A further aspect of the physical security relates to the application of CPTED across the external environs of facility, and its integration of the facility into the streetscape and adjacent facilities. CPTED not only applies external to the facility, but due to the size of the public areas internal to these massive structures, it can significantly contribute to safety and security internally. The external CPTED also must incorporate Hostile Vehicle Mitigation (HVM), the types and application being dependent on the risk assessment and the configuration of the associated traffic paths into and out of the facility for both pedestrians and vehicles. Depending on the

S E C URIT Y FE ATU RE

CPTED applied, the HVM will most likely consist of a combination of bollards and street furniture or street structure, regardless of which, the HVM must be code rated to mitigate the threats identified.

The physical solution must also support the security zoning to maintain integrity between the differing areas and functions of the facility. This includes specifically the physical security of all engineering plant and service areas, and particularly the areas that include information technology (IT) and operational technology (OT – e.g. servers, controllers and field equipment), as well as to their data gathering panels and distribution networks that are threaded throughout the building. All of these areas and rooms and their physical separation need to be “access managed” in a manner that precludes access by non authorised and identified personnel.

The separation of public and non-public areas needs to be clearly delineated and signed, including secured access to all lift banks, as well as to all non-public areas on the ground floor. Often hospitality areas within these facilities include separate entrances and lifts, as specific care needs to be taken to ensure that any cross access between these public areas and secure areas/zones of the site are managed to again preclude access by non authorised and identified personnel.

With tall buildings however all of the differing secure areas and zones that are separated physically will still need to access the common vertical egress stairs. This constitutes a significant risk and needs careful consideration as to how the emergency criteria for these escape paths is satisfied, yet mitigates the risks these common paths impose on the safety and security of the building.

ENGINEERING SERVICES Services engineering, inclusive of the security solution technologies involved in life safety contribute significantly to the safety and wellbeing of the population of these large facilities, as well as the protection of the asset itself.

To ensure these systems can fulfil that contribution each must be subjected to a rigorous mission critical analysis to ensure that there are no single “points of failure” or “weaknesses” as either the single service or an impact in the integrated engineering solution.

This analysis must be underpinned by the risk context statement from the TVRA to ensure that it considers the required level of redundancy of supply, generation and distribution of each if the life safety components of these engineering services required mitigating the risks identified, and particularly that of blast. All elements of these engineering services that contribute to the life safety within tall buildings, including where the delivery of one service is reliant upon delivery of another service should be monitored for their operational “health” and functionality by the security solution, in addition to any BMS monitoring. This concept particularly applies to the entire vertical transportation (VT) system which should facilitate high level monitoring and control by the building’s security technology. The control of this VT equipment is visually supported by comprehensive CCTV coverage of all lift cars and lobbies. The extensive camera coverage facilitates remote controlling of the VT equipment in the case of any security incidents, and also (but in liaison with the emergency management authorities) during major or catastrophic events.

There should also be comprehensive monitoring of the fire detection and suppression systems by the security technology, with

monitoring down to the level of point devices in all critical services areas.

COMMUNICATIONS INFRASTRUCTURE One of the most serious decisions to be made in the development of tall buildings is how the communications infrastructure for both information technology (IT) and operational technology (OT) is configured.

Over the last decade there has been increasing pressure from Real Estate Managers and indeed some tenants to have a converged solution whereby IT access is integrated into OT solution, providing open gateways to the internet. This pressure no doubt will increase with the concept of Internet of Things (IoT) being promoted by the technology and communications conglomerates.

It has been our experience that exposure of facility’s OT to external attack, which with the consequential increase in attack surface expands with the IoT significantly which in turn increases the OT exposure to external influences. With IT and OT being merged the IT then becomes exposed to the vulnerabilities of the OT. It is our experience that there must be an effective “air gap” separation so that the OT solution will have no exposure to the outside world, and if there is an IT solution incorporated within these towers, the IT has NO connection to the OT solution.

The OT and IT communications paths should also be separate, and if possible have separate risers throughout the structure, with each riser being physically and electronically secured. From time to time there may be a need to have remote maintenance connection into the OT solution, invariably on vey isolated occasions. This can occur however on a human managed basis, with physical disconnection of the link removed when not in use.

To be continued in next issue

About the Author: Kerran Campbell is a Director of CCD-Alliance Security Consultants based in Perth WA, and held the post of Assoc Professor in Security Science at Edith Cowan University. He is a Professional engineer with 54 years experience and has practiced as a professional Security Consultant since 1976. Kerran has been involved in the strategic planning, risk assessment, design and management of security projects for State and Federal Governments and many blue chip organisations. Kerran specialises in providing security consultancy advice against high level threats and has significant experience in the mitigation strategies associated with the protection of assets and facilities, including tall buildings.

SEC URI T Y I N SI DER | DEC /JAN 2 019 2 5

A DV E RT ORIAL

simPRO’s solution

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The security industry is, at its core, designed to protect customers, and alert them immediately if threats or instances of theft and loss arise. Businesses are driven by preventative and reactive maintenance due to the heavy dependance it’s customers have on the functionality of their products.

In a bid to help you get ahead, you should consider how the 21st-century technology that your customers are chasing can in fact help you run your business more efficiently.

So, why then, in an age where the internet and technology can make alerts speedier than ever and upkeep vastly easier, are businesses in this sector regarding its future with ‘nervous anticipation’ according to a recent study?

Well, according to the Security Expo’s 2017 Australian Security Market Review, the study’s overriding theme of anxiety and apprehension was as a result of many security businesses foreseeing increased competition and price pressure as the internet continues to disrupt the sector.

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The concern that the security industry is heading towards a more competitive and intense atmosphere is a legitimate one, and in a bid to help you get ahead, you should consider how the

2 6 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

21st-century technology that your customers are chasing can in-fact help you run your business more efficiently. simPRO’s solutions are designed to optimise business workflows in a way that allows owners to step back from their organisation so that they can look at the big picture, while staff in the office and out on the field can be informed, and as up to date as possible.

The tools, add-ons and features of simPRO’s products are designed to help security businesses easily manage their work in a single location. We’re talking preventative maintenance, installations, quoting, estimating, invoicing and more all in the one place.

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SEC URI T Y I N SI DER | DEC /JAN 2 019 2 7

SEC U RIT Y F E AT URE INDUST RY NE W S

Should You Pay

Payroll Tax?

As an employer in the security industry, you must meet your payroll tax obligations.

Make sure the payments you make to all your security guards are properly included in your payroll tax assessment. If your taxable wages exceed the monthly payroll tax threshold – $65,205 (28-day month), $69,863 (30-day month), $72,192 (31-day month) – you must register for payroll tax within seven days of exceeding the monthly threshold.

You may be considered part of a group if another security business supplies you with labour, such as an administrative entity to perform back-office functions for your security business. Only a single threshold entitlement applies to the group.

Some employers in the security industry don’t declare their contractor payments, which results in a significant payroll tax liability. Security guards who can be exempted from payroll tax are those who: 33Provide their services for no more than 90 days in a financial year 33Engage two or more workers to provide the contracted services 33Provide the same type of services to the public and derive less than 40 per cent of gross trading income from your business in that financial year Others may have employment agency arrangements that may alter their payroll tax implications. If you have an employment agency contract with your client, you are the employer and liable for payroll tax. An employment agency contract exists if you employ security guards to work ‘in and for’ your client’s business.

To determine if your security guards work ‘in and for’ your clients, you must consider: 33The level of control (direct and indirect) your client has over the security guards 33Where the services are performed 33Whether the security guards are performing core duties 33The nature of your client’s business 33Whether your client determines the uniforms worn by the security guards 33Whether your client decides rostering, such as the number of security guards and hours 33Whether the security guards are supplied at hourly rates 33Whether the security guards follow your client’s security and facilities guidelines.

If your security business on-hires security guards to another security business, which in turn on-hires the security guards to an ultimate client, the business closest to the ultimate client will be regarded as the employment agent who is liable for payroll tax.

For more, read Revenue ruling PTA 027, available at www.revenue.nsw.gov.au/taxes/payroll

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S E C URIT Y F EATU RE IN DUS T RY NE WS

Examples of how payroll tax applies to security businesses: Best Security Best Security has a contract to supply security guards to Ming Loo Electronics. Ming Loo pays Best Security $120,000. Best pays WF Security $110,000 to contract its security guards. WF Security pays its security guards $100,000.

MING LOO ELECTRONICS

$120 000

BEST SECURITY

Best Security is closest to the ultimate client, Ming Loo, so it is considered the employment agent liable for payroll tax on the $110,000 it paid to WF Security.

$110 000

WF SECURITY

$100 000

SECURITY GUARDS

Rock Solid Rock Solid provides security guards to Déjà Brew Pty Ltd, which advises what type of security guards are needed, such as supervisors, international roamers, meet-and-greet security guards, buggy-driver security guards, or mobile patrol security guards.

Déjà Brew employs Claudia as manager in charge of security operations. Claudia screens the security guards, plans their rosters and makes sure they: 33Dress in club uniforms

Rock Solid issues Déjà Brew invoices for the hours worked by the security guards, and Claudia checks the timesheets and pays Rock Solid.

Rock Solid must declare the security guards as employees and pay payroll tax because: 33The contract is an employment agency contract

33Report to her at the beginning of the shift

33The security guards under the contract are employees of Rock Solid

33Seek advice from her when needed 33Update her on any issues 33Abide by Déjà Brew’s standard operating procedures

33Rock Solid is the employment agency closest to Déjà Brew (the end user) 33Déjà Brew is Rock Solid’s client

33The amounts, less any fees paid, are wages of Rock Solid

Tough Security Guards Tough Security Guards provides their clients with endto-end security services and solutions.

They train their workers, and give them equipment, motor vehicles, badges and uniforms.

They do the same for their contract workers, also.

Tough Security Guards won a contract with Shockingly Good Deals, an electrical goods retailer, for a year-long, to provide an end-to-end security service at a fixed cost of $100,000.

Tough Security Guards does the rostering for their workers and contractors, and contractors submit

timesheets and invoices to Tough Security Guards for hours worked. They also report directly to Tough Security Guards and, at no time, approach Shockingly Good Deals.

The arrangement between Tough Security Guards and Shockingly Good Deals is not an employment agency contract because Tough Security is the end user. The contractors work for Tough Security Guards and are under their control, and an end-to-end service is provided to their client.

In this case, contractor exemptions may apply.

If you find you haven’t declared all liable wages in previous financial years, contact Revenue NSW and make a voluntary disclosure – the penalty is much less!

For more information call 1300 139 815 or email payrolltax@revenue.nsw.gov.au

SEC URI T Y I N SI DER | DEC /JAN 2 019 2 9 SEC URI T Y I N SI DER | DEC /JAN 2 019 2 9

INDUST RY AWARD S

SECURITY INDUSTRY HIGH ACHIEVERS RECOGNISED 2018 Outstanding Security Performance Awards winners 1

2

2018 Outstanding Security Performance Awards winners A Outstanding Female Security Professional: Suzette Po-Williams, Central Monitoring Services 2 Outstanding Guarding Company: Assetlink Services Pty Ltd 3 Outstanding In-House Security Manager: Joshua Tyler, Riskworks 4 Outstanding Security Consultant: Intelligent Risks Pty Ltd 5 Outstanding Security Officer: Stephen Payne, Assetlink Services 30 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

6 Outstanding Security Training Initiative: MSS Security 7 Outstanding Contract Security Manager: Steve Sullivan, Wilson Security 8 Outstanding Security Partnership: Selecta DNA 9 Outstanding Security Team: The Star

IN DUS T RY AWARD S

3

4

9

6

7

5

8

SECU RIT Y INSIDE R | DEC /JAN 2 019 31

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SEC URI T Y I N SI DER | DEC /JAN 2 019 33

INDUST RIAL RE L ATI ON S

Will your Relationships with ABN Holders pass the Test?

FOODORA’S DIDN’T!

By Chris Delaney, ASIAL Industrial Relations Advisor

On Friday 16 November this year Commissioner Cambridge of the Fair Work Commission (FWC) handed down a decision arising out of a complaint by a Foodora Delivery rider that he had been unfairly dismissed.

About the Author: Chris Delaney is ASIAL’s Workplace Relations Advisor.

He can be contacted at ir@asial.com.au

Note: The information provided above is for convenient reference only. ASIAL and Chris Delaney & Associates Pty Ltd provide this information on the basis that it is not to be relied upon in any cases, as the circumstances in each matter are specific. Accordingly, we provide this information for general reference only, but we advise you take no action without prior reference to a Workplace Relations Specialist.

Foodora argued in the first instance that the rider was an independent contractor and therefore the FWC had no jurisdiction to determine the matter.

In this publication on many occasions. Perhaps in light of this most recent decision, which appears on the surface to be about ‘gig economy’ jobs, it is timely to have another look at the criteria used by courts and industrial tribunals to make an assessment.

Security providers driven by clients to lower prices, sometimes look to putting on independent contractors (ABN holders). This is a practice that may expose security providers to similar claims as the one faced by Foodora – which incidentally failed to convince the Commissioner that the rider was not an employee and was ordered to pay over $15,000 in compensation.

So, what did the Commissioner take into consideration and how does it relate to ABN Holders in the Security Industry?

The first consideration was the nature of the business operation. The courier had no relationship with the customer, he did not have an independent business. In the same way in most instances ABN holders in the security industry cannot derive a benefit from their relationship with the customer. They are not running an independent trade or business of their own.

The second consideration was the obligation to perform work. The courier had to make himself available at the shift times that had been established by the respondent. While having the security officer advise his availability for certain shifts, a rostering system will often compel the ABN holder to be available.

34 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

The third consideration was the level of control that the company had over when and how the work was to be performed. Having defined start and finish times, locations of work and standard operating procedures provides little opportunity for the ABN holder to use their discretion over when where and how the work will be done.

The fourth consideration was the opportunity to delegate. In practical terms the courier, like a security ABN holder had little opportunity to substitute another person to carry out the work on his behalf.

The final consideration was that the written contract did not properly reflect what happened in reality. Merely stating what the arrangement is will not be sufficient.

How the work is actually performed will be a determinant factor when deciding what the relationship really is The Multifactorial Tests in more detail In his decision Commission Cambridge identified the multifactorial approach, with no single factor being decisive, and an overriding requirement for examination of the totality of the relationship between the Parties, as the process favoured

by Courts and industrial tribunals and the approach he would take

IN DUS T RIA L RE L ATIO NS

when determining the status of independent contractor or employee.

Incidentally, ASIAL members will be aware that the ASIAL website has a checklist that will be helpful when checking the status their arrangements.

Some of the multifactorial tests take account each of the following:

Work Performed for Others The Commissioner found that there would be considerable practical difficulty associated with working simultaneously for more than one company given the amount of work performed.

The Nature and Manner in which the Work was Performed It was clear that the shift start and finish times and the particular geographical locations were fixed by Foodora. This is often the case when security providers use “independent contractors.”

Separate Place of Work – Public Presentation The applicant did not have a separate place of work nor did he advertise his services to the world at large. Security officers will ordinarily work wherever they are sent – they do not have their own workplace.

The Terms and Terminology of the Contract The terms of the contract were inconsistent with how work was performed. As a general rule tribunals will look at what is actually happening rather than rely on what is said in the contract.

Capital Investment The courier did not have a substantial investment in the capital equipment.

Offering little more than labour works against a determination of contractor.

1

2

Capacity and Level of Control Foodora had considerable capacity to control the manner in which the work was performed, and it fixed the place of work and the start and finish times of each engagement or shift.

This is common practice in the security industry.

3

4

5

6

Delegation or Sub-Contracting The personal service nature of employment would normally not permit another individual to perform the work of an employee. Substituting another to work on your behalf is not generally available to a security independent contractor.

7

Right to Suspend or Dismiss Regardless of the relationship, in the security industry the right to hire or fire usually sits with the principal contractor.

8

Presentation as Part of the Business Foodora expected the courier to where their uniform and use equipment branded in their name. No customer or member of the public would be able to differentiate between an employee and an independent contractor doing the same work.

9

Periodic Remuneration The courier was paid on a regular basis in respect to the completed shifts within each week and offered a template invoice. Being paid by the hour on a regular basis for essentially the supply of labour is a sign of an employment relationship.

10

Goodwill or Reputational Damage The conduct of the applicant in his work for Foodora reflected well or poorly on Foodora – not the courier.

The courier could not gain or lose customers based on their behaviour.

Similarly a security independent contractor does not win or lose goodwill.

11

Significant Business Expenses & Integration The courier did not spend a significant proportion of his remuneration on business expenses. The courier was an integral part of the business in the same way that a security officer is an integral part if a security business.

12

Conclusion – Employee or Contractor?

In considering all of details of the work and the relationship, the Commissioner concluded that the correct characterisation of the relationship between the courier and Foodora was that of employee and employer.

The conclusion was that the courier was not carrying on a trade or business of his own, or on his own behalf, instead he was working in Foodora’s business as part of that business. The work of the courier was integrated into the Foodora’s business and not an independent operation. The courier was, despite the attempt to create the existence of an independent contractor arrangement, engaged in work as a delivery rider/driver for Foodora as an employee of Foodora.

Having regard to the above how do your relationships with ABN holders stand the test, employee or independent contractor?

In my view, few if any independent contractors in the security industry supplying labour only to a principal security provider would be anything other than direct employees.

Getting it wrong can be expensive.

Both security providers and their clients should ensure the employment relationships pass the test.

For more information, contact ir@asial.com.au

SECU RIT Y INSIDE R | DEC /JAN 2 019 35

A SIA L STAF F PROF I L E

What is the most-read book on your shelf?

How do you like to spend your weekends?

Lindsay: I read so many crime novels. My favourite authors are Erica Spindler and Lisa Scottline. I’m the only person I know that still goes to the library!

Lindsay: I’m looking forward to spending the summer at the beach and exploring national parks.

What film can you watch over and over again?

Lindsay: Requiem for a dream. It’s such a gut wrenchingly sad movie.

Tell us your favourite song or album?

Lindsay: I like all kinds of music but my favourite is anything by Red Hot Chilli Peppers.

Where is your favourite place in the world & what makes it so special?

Lindsay: Definitely Da Nang in Vietnam. It’s such a chilled out and relaxed place with warm and friendly people. I have such fond memories of my time there.

What do you enjoy most about ASIAL ?

Lindsay: The amazing people and learning new things every day. I have felt so welcome into the ASIAL family and love the commitment and dedication shown towards our members.

Lindsay Li ASIAL STAFF MEMBER

36 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

IN DUS T RY NE WS

ASIAL GRADED SECURITY MONITORING CENTRES* CURRENT AS AT: 14TH NOVEMBER 2018

COMPANY (SHORT FORM NAME)

STATE

CERT NO.

GRADE

EXPIRY

ADT Security

NSW

482

A1

02 Apr 2019

ADT Security (Data Centre)

NSW

483

A1

02 Apr 2019

Allcare Monitoring Services

WA

499

A1

29 Feb 2020

ARM Security

WA

484

A1

27 Mar 2019

ART Security

VIC

508

A1

30 Sept 2020

Back2Base

QLD

509

A1

27 Sept 2020

Best Alarm and Monitoring Services

VIC

488

A1

11 July 2019

Calamity Monitoring

NSW

501

A2

21 Mar 2020

Central Monitoring Services

NSW

485

A1

06 Apr 2019

Chubb Monitoring Centre

NSW

498

A1

09 Mar 2020

Energize Australia

VIC

503

C2

18 Mar 2020

Executive Security Solutions (Monitoring)

VIC

507

A1

15 Aug 2020

Glad Security

NSW

479

A2

15 Dec 2018

Golden Electronics

TAS

510

A1

16 Oct 2020

Instant Security

QLD

496

A1

13 Nov 2019

Linfox Armaguard

VIC

506

A1

14 Aug 2020

Mekina Technologies

TAS

500

A1

01 Nov 2019

Onwatch

NSW

486A

A1

20 April 2019

Paul–Tec (Australia)

NSW

489

A1

28 Feb 2019

Protection Pacific Security

VIC

505

C2

01 Aug 2020

RAA Security Services

SA

480

A1

14 Feb 2019

Secom Australia

NSW

495

A1

14 Dec 2019

Sectrol Security

VIC

492

B2

25 Aug 2019

Securemonitoring

VIC

494

A1

23 Nov 2019

Security 1

ACT

481

A1

14 Feb 2019

SA

502

A1

18 Jun 2020

Security Alarm Monitoring Service Security Control Room

VIC

491

A1

18 Aug 2019

SMC Australia

QLD

497

A1

10 Feb 2020

Spectus

WA

487

A1

04 May 2019

Staysafe

VIC

478

A1

01 Dec 2018

Telstra SNP Monitoring (Hamilton)

NSW

490A

A1

17 Aug 2019

Telstra SNP Monitoring (West Ryde)

NSW

504

A1

30 May 2020

Ultimate Security Australia

NSW

493A

A1

22 Sept 2019

The ASIAL Graded monitoring centres above have been inspected and graded for compliance with the applicable Australian Standard: AS 2201.2 - 2004.

PLEASE NOTE: ASIAL takes no responsibility for companies which may change the nature of their operations subsequent to Grading.

ASIAL CERTIFICATION CLASS 5 CAPABILITY COMPANY Inner Range Pty Ltd

STATE

CERT NO.

PRODUCT

EXPIRY

VIC

3

Infiniti Class 5

15 March 2020

The capability recommendation is based on an overview of AS/NZS 2201.1–2007 and its referenced standards. Full compliance is neither guaranteed nor implied. Whilst the product may be capable of meeting Class 5 standard, meeting this Class relies extensively on both the installer and the client. As part of the capability certification, the supplier has produced both a Compliance Statement and associated documents. These documents are dedicated to Class 5 compliance and form part of the Certification process.

The supplier has agreed that: The required documentation will be maintained up-to-date for the period of the Certification, with ASIAL’s inspector being advised in writing of any such changes, and they will maintain compliance throughout the certification. Any changes that may have an impact upon this will notified to ASIAL within 14 days. ASIAL may withdraw and cancel a certificate should it become aware of any non-compliance during the certification period.

SECU RIT Y INSIDE R | DEC /JAN 2 019 37

INDUST RY NE W S

WELCOME TO OUR NEW MEMBERS ASIAL welcomes the following members who have recently joined the Association.

NEW MEMBERS CORPORATE Australian Protective Services Pty Ltd NSW Boss Locks Locksmiths & Security Pty Ltd

NSW

Downer EDI Engineering Electrical Pty Ltd

WA

Ioannis Anagnostis t/a Security Intelligence Network Consultants

NEW MEMBERS UPGRADE TO CORPORATE

Jampal Security Services Pty Ltd Kenneth Raymond Paxton t/a K & D Allguard Security Service

Perspectiveiq Pty Ltd

QLD

LCK Communications Pty Ltd

NSW

Southern Cross Pacific Pty Ltd

NSW

NCI Protective Services Pty Ltd

NSW

Northex Australia Pty Ltd t/a NSR Security

QLD

The Security Hub Pty Ltd

VIC

Tradeflex Facility Services Pty Ltd

VIC

Omnisystems Engineering Consultants VIC

MEMBER RECOGNITION PROGRAM

Peter John Abberfield t/as Abberfield Security Services QLD

BRONZE

VIC

Arc Security Systems Pty Ltd

PhoneAGuard Pty Ltd

NSW

Protac Solutions Pty Ltd t/a SPG – Specialist Protection Group

Armidale Fire & Safety Pty Ltd t/a AFS Security 24/7

NSW

Queensland Private Security Pty Ltd

QLD

Benjamin Andrew Cane t/a Bens Data Communications & Electrical Services NSW Britech Security Pty Ltd

Streamcorp Armoured (QLD) Pty Ltd

VIC

Urban Electrical Contractors Pty Ltd t/a Urban Electrical Integration NSW NEW MEMBERS PROVISIONAL CORPORATE 1300 2Alarm Pty Ltd

NSW

1Ten Group Pty Ltd t/a ABCO Security Services VIC ALS Protection Pty Ltd

NSW

AuSAFE Security Protection Pty Ltd

VIC

Australia Wide Security Services Pty Ltd QLD Blackbox Australia Pty Ltd

QLD

BSC Security and Cleaning Group Pty Ltd t/a BSC Management Group NSW Connect 2 Electrical Pty Ltd Elite Division Pty Ltd Goff Electrical and Security Pty Ltd Hitech Support Pty Limited Horizon 448 Pty Ltd

VIC NSW VIC NSW VIC

Hunter Technical Pty Ltd

QLD

Investigation Management Australia Pty Ltd

QLD

Jim Dines t/a Jim Dines Security

QLD

Melbourne Electrical and Data Solutions Pty Ltd

VIC

Nick Abelas t/a NF Bluewaters

SA

Orient & Western Electricals Pty Ltd

VIC

VIC

Queensland Smart Homes Pty Ltd t/a Brisbane Smart Homes

TAS

NIDA Technology Pty Ltd t/a NIDA Technology WA

VIC

NSW NSW

VIC

Pickwick Group Pty Ltd t/a Pickwick Group Integrated Facilities Services

QLD

Prosek Security Pty Ltd

QLD

Raymond Howard Brook t/a Alert Security Consultants

QLD

Securcom Pty Ltd

QLD

Catherine Dawn De Smit t/a Port Denison Security Services QLD

Secureforce Pty Ltd Secusafe Pty Ltd

NSW

Christopher Peluso t/a Pelsec Security Services

U R Safe Pty Ltd

WA

NSW

VIC

Vince Blanco t/a VB Information Technology

NSW

QLD

Virtue-Twitt Enterprises Pty Ltd t/a Electronic Alarms & Installations

QLD

Ivan Cengiz & Melody Chen t/a Securevent Protection Group VIC

Watchforce (Australia) Pty Limited

NSW

Megabase Pty Ltd t/a Bass Coast Security VIC

Yates Security Pty Ltd

Electronic Security Pty Ltd t/a Electronic Security Technologies NSW Ezi Security Queensland Pty Ltd

West-Sure Group Pty Ltd

WA NSW

Savica Pty Ltd

QLD

GOLD

Schiller Fire & Security Pty Ltd

NSW

ACG Fire & Security Pty Ltd

NSW

Angelo Tsigros t/a All Security

NSW

Spyker Technologies Pty Ltd

WA

Stateguard Protective Services Pty Ltd t/a Stateguard Integrated Solutions VIC Transclean Facilities Pty Ltd

VIC

SILVER A-Force Security Services (VIC) Pty Ltd VIC Arbe Verda Nominees Pty Ltd t/a Australian Corporate Security Protection VIC Asset Risk Control Pty Ltd

NSW VIC

Computertrans (Aust) Pty Limited

NSW

D.W. Security Pty Ltd

SA VIC

VIC

Elite Solutions Australia Pty Limited

NSW

Hrvoje Simovic t/a Siga Consulting

NSW

John Claude Manachian t/a Feel Safe Solutions

NSW

Kaltech Security Pty Limited

NSW

Kevin Roberts t/a Home Control Systems KSS Security

B.J. Consultant Pty Ltd t/a Aspect Protective Services CTG Security Matrix Pty Ltd

Cite Security

WA NSW

S Barratt and S Barratt In Line Electronics t/a In Line Electronics VIC Super Tech Security & Sound Pty Ltd

NSW

PLATINUM

David Fordham t/a DJF Security

NSW

Mainline Security Products Pty Ltd

VIC

Dualtech Security Pty Ltd

NSW

Electrocare Pty Ltd t/a Electrotek

QLD

Metropolitan Watching Pty Ltd t/a Detector Dogs Australia

VIC

NSW

Emcatmacsoph Pty Ltd

NSW

Stratium Global Pty Ltd

NSW

Forcefield Security (NSW) Pty Ltd

NSW

Sunrise Security Pty Ltd

VIC

Hi-Tech Security Solutions Pty Ltd

NSW

IT & T Pty Ltd

NSW

P.M Bush & B.R Parker t/a A1 Security Chinchilla QLD Securiverse Pty Ltd Spectral Security Group Pty Ltd

The Business Doctor NSW Pty Ltd

WA

ACT

38 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

V SA

IN DUS T RY NE WS

E TH E E AT D

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For over three decades the Security Exhibition & Conference has been the most established and respected trade event for the security industry in Australia, bringing together the full spectrum of manufacturers, distributors, security professionals and end users.

Position your business and amplify your brand among the industry’s most powerful influencers. Network with the most established names, discover the latest technology and create profitable opportunities.

To book a stand contact the team Melissa Clendinen Event Manager 03 9261 4662 mclendinen@divcom.net.au

Lead Industry Partner

Abigail Ford Account Manager 03 9261 4650 aford@divcom.net.au

FIND OUT MORE AT

SECURITYEXPO.COM.AU    #SECURITY2019 The peak body for security professionals

SEC URI T Y I N SI DER | DEC /JAN 2 019 39

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4 0 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

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Advertise with the peak body for security professionals in Australia *Security Jobs Board is FREE for ASIAL members who can post an unlimited number of job vacancies online. Nonmembers can advertise for a small subscription fee.

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SEC URI T Y I N SI DER | DEC /JAN 2 019 41

National Police Alarm Activation Response Guideline ASIAL members are reminded that the National Police Alarm Activation Response Guideline commended on 1 July 2018, with a 12 month period to achieve compliance with the Guideline concluding on 30 June 2019.

Background The National Emergency Communications Working Group – Australia and New Zealand in consultation with the Australian Security Industry Association Limited have developed a National Police Alarm Activation Response Guideline (‘the Guideline’) to align police classification, requirements and response to alarms and alarm activations.

The Guideline provides a framework for: 33National consistency in the way in which Australian policing jurisdictions and security companies who are members of recognised security industry organisations define and respond to alarm activations; 33Processes and procedures for the handling of alarm responses; 33More efficient use of police resources.

The objectives of the Guideline are to: 33Provide a consistent categorisation of alarm types; 33Provide a consistent alarm activation response priority; 33Identify those alarm types police may not respond to; 4 2 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9

33Reduce the number of nongenuine alarm activations that police respond to; 33Define Alarm Monitoring Providers requirements for confirmation of genuine alarm activations.

Alarm categories and types ­­ Alarm category A: Hold Up Alarm – Commercial only; High Risk Premises Alarm; Monitored Personal Safety Alarm; ­­ Alarm category B: MultiSector / Multi-Break Alarms; Communication Failure; Single Sector Alarms at High Risk Premises; Duress Alarms; Vehicle Tracking Alarms; ­­ Alarm category C: Any alarm other than those listed above eg portable wireless devices, including pendants; ­­ Alarm category D: Multiple Sector Alarms, where there is no ready access to the premises; Single Sector Alarms - Non High Risk Premises; Flashing Blue Lights; Unmonitored Alarms; Vehicle Alarms; Fire or Smoke Sensor alarms; Medical Alarms and Power Failure/Low Battery.

Accredited alarm monitoring provider Under the Guideline, police will respond to requests for assistance from accredited Alarm Monitoring Providers. For the purpose of this guideline, an accredited Alarm Monitoring Provider is defined as (i) being a current member of a recognised security industry organisation; (ii) complying with Australian Standard 2201.2 (as revised from time to time) monitoring centre certification and (iii) operates a telephone link in its alarm monitoring centre that is capable of showing Caller Line Identification (CLI) to the relevant police jurisdiction’s telephone links.

The guideline is designed to align police classification, requirements and response to alarms and alarm activations.

The guideline requires alarm systems to be maintained in accordance with Australian Standards. Members are encouraged to get on the front foot and notify customers about the guideline and if they don’t already do so, recommend a maintenance schedule.

A one page summary document for distribution to customer is available at asial.com.au/documents/item/1588 To request a copy of the National Police Alarm Response Guideline email security@asial.com.au

Welcome Welcome to to ASIAL ASIAL We Weare arehere heretotohelp helpyour yourbusiness businesssucceed. succeed.As Asan anASIAL ASIALmember, member, advice adviceand andsupport supportisisalways alwayswithin withineasy easyreach. reach.

Leadership Leadership Providing Providing a strong a strong industry industry voice voice && advocacy advocacy

Networking Networking

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&& Professional Professional Development Development

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News News&&Resources Resources

ASIAL ASIALisisthe thepeak peakbody bodyfor forsecurity securityprofessionals. professionals.

We Weare arededicated dedicatedtotosupporting supportingmembers, members,promoting promotingstandards standards and andsafeguarding safeguardingpublic publicinterests. interests.

asial.com.au asial.com.au| |1300 1300127 127425 425

INDUST RY NE W S

4 4 S EC U R I T Y I N S I D ER | DEC/ JA N 201 9