Disqualifying offences for security licences
Committing a criminal offence may affect your ability to get or hold a security licence.
Some criminal offences are so serious that you’ll be automatically disqualified from having a security licence.
You’ll be penalised if you conduct security work without a licence.
Other offences don’t automatically disqualify you, but will be considered when deciding whether to grant you a new security licence or let you keep your current licence.
Security officers must obey a range of laws and regulations, including:
- Security Providers Act 1993
- Security Providers Regulation 2008
- Security Providers (Crowd Controller Code of Practice) Regulation 2008
- Security Providers (Security Firm Code of Practice) Regulation 2008
- Security Providers (Security Officer—Licensed Premises—Code of Practice) Regulation 2008
- Criminal Code Act 1899
- Weapons Act 1990
- Drugs Misuse Act 1986
- Police Service Administration Act 1990
The following criteria applies to individual, business and corporate security licence applications.
Automatic disqualification offences
If you’ve been convicted—had a conviction recorded—of any of the following offences within the last 10 years, you’re automatically disqualified from holding a security licence. Any new licence application will be refused and any existing licence will be automatically cancelled.
You can’t apply for a new licence for 10 years from the date of your conviction.
This applies even if you’re convicted of an equivalent offence outside of Queensland.
If you’re charged—not yet convicted—with any of these offences, you may need to justify to us why we shouldn’t suspend your licence.
| Type of offence | Examples |
|---|---|
| Any offence listed in the chapters of the Criminal Code 1899, set out in Schedule 1 of the Security Providers Act 1993 |
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| Any weapons offence punishable by imprisonment of 1 year or more in the Weapons Act 1990 |
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| Any drug offence punishable by imprisonment of 1 year or more in the Drugs Misuse Act 1986 |
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| Certain police administration offences |
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| Terrorism |
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| A prescribed offence listed in the Penalties and Sentences Act 1992 (sections 161N and 161Q) |
|
Non-disqualifying offences and conduct
We can consider any other offences and your conduct when deciding whether you can get or keep a security licence. We may ask you to justify why we shouldn’t cancel your existing licence.
We can consider:
- disqualifying offences that are older than 10 years
- non-disqualifying offences—in Queensland or elsewhere—even if they’re older than 10 years, including breaching laws outside the Criminal Code and fair trading laws (for example, breaching workplace laws by participating in sham contracting)
- any unrecorded findings of guilt against you—i.e. matters heard in a court where no conviction was recorded
- dishonest dealings or lack of integrity
- use of harassing tactics
- taking advantage of bankruptcy laws
- risk to public safety
- whether it’s in the public interest for you to hold a licence.
- If we decide to refuse your licence application we must tell you the reasons.
First Nations licence exemption
Certain First Nations people from discrete communities can make a written application to the Office of Fair Trading to seek an exemption from having to hold a licence if their criminal history prevents them from holding one.
Read the Guideline on security provider services in First Nations communities for more information.
Appeals
You can appeal our decision to the Queensland Civil and Administrative Tribunal (QCAT).