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New Sub Contracting Regulations in NSW (Read 8537 times)
Reply #2 - 09. Nov 2012 at 02:16

Loki   Offline
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Part of the Solution

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I am looking forward to the regulations coming into force in 2014 which make the primary contractor also responsible for lost wages of employees of sub contractors.

Lets pray that ASIAL and the likes don't try have it blocked before then.
« Last Edit: 09. Nov 2012 at 02:16 by Loki »  
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Reply #1 - 17. Sep 2012 at 14:06

Welsh   Offline
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What do the other States Fall into line? Can't only be NSW having these changes brought in?

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17. Sep 2012 at 11:13

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This amendment to the Security Industries Act 1997 (NSW) opens the way to prosecute all parties involved in a security incident.

This hopefully will put an end to the idea that litigation by an aggrieved person who is the victim of a security act will end at the security provider. Now victims can sue the owner of the premises or business. From the ASIAL website:


From November 1st 2012, due to amendments to the Security Industry Act 1997 (NSW), as a master licence holder you may face penalties (up to $22,000) if you subcontract work without the client expressly agreeing in a contract and if you fail to provide the particulars of the contractor to the client. This is also the case for any subcontractors who further subcontract the work.
There are also implications for the clients of security providers who need to be aware that they too are exposed to prosecution.

For Security providers
Think very carefully about whether your business model should include sub contractors and, if so, how to ensure that these are bona fide contractors who do not expose your business to litigation.
ASIAL recommends that members seeking to enter into subcontracting arrangements seek professional advice to avoid uncertainty and exposure to prosecution.
Members have access to an IR advisory service. Email ir@asial.com.au for more information

For clients of security providers
Clients need to be more aware of exposure to prosecution for being involved in the contraventions of their security provider.
ASIAL recommends that clients of security providers make themselves aware of the business operations of the security operator and avoid making decisions solely on price. While there are no restrictions on the price a security business can charge a client, there are minimum costs including statutory entitlements, insurances and licensing which cannot be lawfully avoided.

Ah! Working in Security where finding the real thief could be your employer. Now is the time to check your super account.
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