Hansard debates

Anthony CARBINES (Ivanhoe – Minister for Police, Minister for Crime Prevention, Minister for Racing) (10:35): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Private Security and County Court Amendment Bill 2024:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Private Security Amendment Bill 2024.

In my opinion, the Private Security Amendment Bill 2024, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Human Rights Issues

No human rights protected by the Charter are limited by the Bill.

In drawing this conclusion, I have considered the potential engagement of the right to be free from forced work in the context of amendments in this Bill which are designed to discourage sham contracting.

In one sense, sham contracting could be considered a form of forced work where a vulnerable private security licence holder is engaged improperly by an employer who directs the worker to obtain an ABN so that the employer does not have to pay them a wage covered by the Industry Award, or afford them other employee entitlements such as superannuation, leave and Workover insurance.

Provisions in the Bill which seek to deter sham contracting by requiring the worker in this situation to obtain a business licence if they are engaged under an ABN are intended to work by making it largely impossible for the worker to become engaged under an ABN because obtaining a business licence requires a full set of business plans, and financial information. While there are various Commonwealth and State laws that prohibit sham contracting, the proposed amendment is a practical way of deterring employers from engaging in sham contracting because the people they seek to engage in this way will not be able or willing to comply.

I also note that the right to privacy may be engaged by the new requirement under the Bill in relation to the requirement for a person sub-contracting security work out to provide the name and licence number of the individuals who will be carrying out the work. However, this information will only be available for the purpose of ensuring that the client and head contractor are aware of the name and licence number of the individuals carrying out the work. The purpose of the amendment is to increase accountability and transparency for clients who need to know who is carrying out the work. This would be expected by those working in a regulated industry. Accordingly, the right to privacy is not limited by the Bill.

Further, Part 5 of the Bill is compatible with the Charter. Section 24(1) of the Charter provides that a person charged with a criminal offence has the right to have the charge decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

Section 24(1) of the Charter is relevant to Part 5 of the Bill to the extent that it extends the operation of the County Court Drug Court Division, which operates alongside the mainstream criminal court. The Bill promotes the right to a fair hearing by providing a specialised court that is targeted to the complex needs of offenders with a drug or alcohol dependency.

The Hon Anthony Carbines

Minister for Police