There are certain circumstances in which an individual working in the security industry may be required to purchase, possess or carry items such as a baton, handcuffs or body armour. Conditions for working with these weapons are specific to the individual items and those who are authorised to do so must meet strict conditions. Any breaches of these conditions may mean you are subjected to a disciplinary enquiry or the cancellation of your licence.
The Control of Weapons Act 1990 divides non-firearm weapons into three basic categories:
- prohibited weapons
- controlled weapons
- dangerous articles
Conditions for using batons (including extendable batons)
Only certain licences and permits enable a person to purchase, possess, carry or use batons while working in the private security industry. A person must be able to demonstrate all of the following four requirements in order to work with batons.
Requirement 1: Licence/Permit Type
A person must hold one of the following:
- an individual operator licence
- a business licence
- a temporary visitor permit
Requirement 2: Activity
A person's licence or permit must authorise them to perform one of the following:
- crowd control
- security guard activities
- bodyguard activities
Requirement 3: Training
The individual licence or permit holder must also have completed the unit of competency ‘Control persons using batons’ (CPPSEC3110).
Requirement 4: Permission from Your Employer
The licence or permit holder must receive written approval from their employer before they can purchase, posses, carry, or use a baton as part of their job. Employees are responsible for providing their employers with evidence that they have completed the relevant training.
Employers or business licence holders are responsible for determining whether it is appropriate for their staff to use a baton at work.
Employers are also responsible for checking that their employees have completed the relevant training at an approved security training organisation.
Licensing and Regulation Division does not require notification of an individual licence holder's competency or evidence of permission to use batons when at work, however, employers must be able to produce a copy of an employee's competency certificate and permission document on request.
Disposing of a baton
Crowd controllers, security guards and bodyguards who once worked lawfully with a baton are covered by a Governor in Council Exemption to sell, display or advertise for sale their baton where they no longer possess the licence or permit that entitles them to perform these activities.
Conditions for using body armour
Only certain licences and permits enable a person to purchase, possess, carry, or use body armour whilst working in the private security industry. Security licence holders with the sub-activities of security guard or bodyguard are covered under a Governor in Council Exemption to use body armour for lawful employment.
While Licensing and Regulation Division does not need to be notified of your use of body armour when at work, a member of Victoria Police may request persons wearing body armour to demonstrate that the below requirements have been met.
A person must be able to demonstrate both of the following two requirements in order to work with body armour.
Requirement 1: Licence/Permit Type
A person must hold one of the following:
- an individual operator licence
- a business licence
- a temporary visitor permit
Requirement 2: Activity
A person's licence or permit must authorise them to perform one of the following:
- security guard activities
- bodyguard activities
Disposing of body armour
Security guards and bodyguards who once worked lawfully with body armour are covered by a Governor in Council Exemption to sell, display, or advertise for sale their body armour where they no longer possess the licence or permit that entitles them to perform these activities.
Conditions for using handcuffs
A person must be able to demonstrate both of the following two requirements in order to lawfully use handcuffs when working in the private security industry.
Requirement 1: Training
The individual licence or permit holder must have completed the unit of competency 'Restrain Persons Using Handcuffs' (CPPSEC3111).
Requirement 2: Permission from your employer
The licence or permit holder must receive written approval from their employer before they can use handcuffs as part of their job. Employees are responsible for providing their employer with evidence that they have completed the relevant training.
Employers or business licence holders are responsible for determining whether it is appropriate for their staff to use handcuffs at work.
Employers are also responsible for checking that their employees have completed the relevant training at an approved security training organisation.
Licensing and Regulation Division does not require notification of an individual licence holder's competency or evidence of permission to use handcuffs when at work, however, employers must be able to produce a copy of an employee's competency certificate and permission document on request.
Mutual recognition
If you wish to work in Victoria with a baton or handcuffs but hold a current security licence issued in another Australian state or territory, you will need to provide your Victorian employer with evidence that you have completed the required training. They may then authorise you to use these items on the job once you have been issued with a Victorian private security licence, your interstate licence can be used to support your application under mutual recognition.
If you cannot demonstrate that you have completed the training in your home state, you will need to complete units CPPSEC30110 (batons) and/or CPPSEC30111 (handcuffs) with an approved Victorian Registered Training Organisation.
Transitional provisions
At the time of renewal, all Victorian private security licence holders will have the following generic condition added to their licence:
- Individual Licences: The licence holder is not permitted to carry or use security equipment, being a baton and/or handcuffs, unless the licence holder has the approval of the licence holder's employer and has undertaken training relevant to that security equipment from an approved security training organisation
- Business Licences: The licence holder must not permit any employee to carry or use security equipment, being a baton and/or handcuffs, unless the employee has the approval of the licence holder and the employee has undertaken training relevant to that security equipment from an approved security training organisation.
While Licensing and Regulation Division does not need to be notified of completed training or permission to use a baton or handcuffs, a member of Victoria Police may request persons working with these items to demonstrate that the above requirements have been met.
An article designed or adapted to discharge oleoresin capsicum spray is a prohibited weapon. It is illegal to purchase, possess, carry or use capsicum spray without a Governor in Council Exemption Order or a Chief Commissioner of Police Approval.
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