SAIWA WA Security Legislation 3 — Questions and Answers
Question 1: How does the Criminal Code Act 1913 (WA) affect security agent powers?
- Grants special arrest powers to licensed agents
- Provides citizen's arrest provisions that apply equally to all citizens, without granting additional powers (Correct answer)
- Exempts agents from criminal liability on duty
- Requires agents to carry weapons
Correct answer: Provides citizen's arrest provisions that apply equally to all citizens, without granting additional powers
The Criminal Code provides citizen's arrest powers applying equally to all citizens including security agents.
The Code also prescribes penalties for offences such as assault and false imprisonment that could result from exceeding lawful authority.
Question 2: What obligations does the Occupational Safety and Health Act 1984 (WA) place on the security industry?
- Security is exempt from safety laws
- Both employers and employees must ensure workplace health and safety including risk assessment and safe procedures (Correct answer)
- Only employers have obligations
- Only applies to construction
Correct answer: Both employers and employees must ensure workplace health and safety including risk assessment and safe procedures
Workplace safety legislation places obligations on both employers and employees.
Employers must provide safe workplaces. Employees must take reasonable care for their own safety and others. WorkSafe WA can enforce compliance.
Question 3: Under the Equal Opportunity Act 1984 (WA), what conduct is prohibited for security agents?
- Refusing entry to intoxicated persons
- Discriminating against any person based on race, sex, age, disability, or other protected attributes (Correct answer)
- Requiring identification from patrons
- Enforcing dress codes
Correct answer: Discriminating against any person based on race, sex, age, disability, or other protected attributes
Agents must not discriminate based on protected attributes when providing services.
Legitimate security decisions like refusing intoxicated persons or enforcing consistent dress codes are not discriminatory.
Question 4: What is the relationship between the Security Act 1996 and the Liquor Control Act 1988 for crowd control?
- Completely unrelated
- Both apply at licensed venues: the Security Act governs agent licensing while the Liquor Act governs venue conditions including security requirements (Correct answer)
- The Liquor Act overrides the Security Act
- Only the Security Act is relevant
Correct answer: Both apply at licensed venues: the Security Act governs agent licensing while the Liquor Act governs venue conditions including security requirements
Both Acts apply to crowd controllers at licensed venues, covering different aspects of regulation.
The Liquor Act can impose conditions requiring licensed crowd controllers, creating a direct connection between the two regulatory frameworks.
Question 5: What restrictions apply to body-worn cameras used by security agents under WA legislation?
- No restrictions
- Must comply with the Surveillance Devices Act 1998, including restrictions on covert recording of private conversations (Correct answer)
- Body-worn cameras are prohibited
- Only police can use them
Correct answer: Must comply with the Surveillance Devices Act 1998, including restrictions on covert recording of private conversations
Body-worn cameras must comply with the Surveillance Devices Act 1998.
Recording private conversations without consent is generally an offence. Companies should have clear policies on activation, storage, and retention.
Question 6: What penalties can a security company face for employing unlicensed agents?
- No penalties for the company
- Fines, potential business licence cancellation, and criminal prosecution of responsible persons (Correct answer)
- Written warning only
- Reduced insurance premiums
Correct answer: Fines, potential business licence cancellation, and criminal prosecution of responsible persons
Companies employing unlicensed agents face fines, business licence cancellation, and criminal prosecution.
Companies must verify licence status before employment and maintain current records of all employees' licence details.
SAIWA WA Security Legislation 3
How does the Criminal Code Act 1913 (WA) affect security agent powers?