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Regulator accuses police of box-ticking in certifying security training Regulator accuses police of box-ticking in certifying security training
(7 months later)
The national skills regulator has accused the New South Wales police force of box-ticking security training audits on the same day its commissioner, Chris Robinson, called for collaboration between the agencies, a tribunal has heard.The national skills regulator has accused the New South Wales police force of box-ticking security training audits on the same day its commissioner, Chris Robinson, called for collaboration between the agencies, a tribunal has heard.
On Thursday Robinson released a review by the Australian Skills Quality Authority (Asqa) into security training standards, which identified a series of inadequacies with training standards that could be putting public safety at risk.On Thursday Robinson released a review by the Australian Skills Quality Authority (Asqa) into security training standards, which identified a series of inadequacies with training standards that could be putting public safety at risk.
In a release he called for collaboration between government agencies to address some of the risks, in part due to differing standards across state and territory police agencies and the way they regulate security training.In a release he called for collaboration between government agencies to address some of the risks, in part due to differing standards across state and territory police agencies and the way they regulate security training.
Related: ‘Inadequate’ security guard training could put public safety at risk – review
But the calls by Robinson were at odds with comments byAsqa’s legal counsel Tim Lloyd in proceedings that arose from Asqa’s review of security providers.But the calls by Robinson were at odds with comments byAsqa’s legal counsel Tim Lloyd in proceedings that arose from Asqa’s review of security providers.
The Australian College for Further Education – known as Security Training and Tactics – is challenging a decision by Asqa to cancel its registration for five security training courses owing to “serious non-compliances”, the administrative appeals tribunal heard on Thursday.The Australian College for Further Education – known as Security Training and Tactics – is challenging a decision by Asqa to cancel its registration for five security training courses owing to “serious non-compliances”, the administrative appeals tribunal heard on Thursday.
Asqa was ordered to further delay its decision to cancel the company’s registration by the deputy president Robert Deutsch until February, after the regulator served documents late on Wednesday.Asqa was ordered to further delay its decision to cancel the company’s registration by the deputy president Robert Deutsch until February, after the regulator served documents late on Wednesday.
The training provider’s barrister, William Wilcher, requested more time for what is known as a stay application because the “late service of documents” had “vastly expanded” on the previous evidence provided by Asqa in November.The training provider’s barrister, William Wilcher, requested more time for what is known as a stay application because the “late service of documents” had “vastly expanded” on the previous evidence provided by Asqa in November.
He also drew attention to an audit on 15 December by the NSW police security licensing enforcement directorate (Sled), which Wilcher said showed the security trainer was fully compliant with training standards under the state scheme.He also drew attention to an audit on 15 December by the NSW police security licensing enforcement directorate (Sled), which Wilcher said showed the security trainer was fully compliant with training standards under the state scheme.
“When audited by Sled on 9 December 2015 we were found to be totally compliant with everything that the NSW police want in respect of those training packages,” he said.“When audited by Sled on 9 December 2015 we were found to be totally compliant with everything that the NSW police want in respect of those training packages,” he said.
But Asqa’s Lloyd said in response to the production of the NSW police audit: “Any report by Sled would probably be a tick of the box.”But Asqa’s Lloyd said in response to the production of the NSW police audit: “Any report by Sled would probably be a tick of the box.”
“It rests upon the foundation that the applicant is compliant with the national regulator,” he said.“It rests upon the foundation that the applicant is compliant with the national regulator,” he said.
The comments highlight the tension between the differing regulators, and are likely to hinder Asqa’s public efforts to engage with other policing agencies.The comments highlight the tension between the differing regulators, and are likely to hinder Asqa’s public efforts to engage with other policing agencies.
A spokesman for Asqa said: “Asqa’s legal counsel made the point that while Sled had ticked off ACFE as being compliant against certain criteria, Asqa assesses compliance of registered training organisations against different criteria, being the VET Quality Framework, including the Standards for RTOs 2015. Asqa and NSW Sled have a strong working relationship.A spokesman for Asqa said: “Asqa’s legal counsel made the point that while Sled had ticked off ACFE as being compliant against certain criteria, Asqa assesses compliance of registered training organisations against different criteria, being the VET Quality Framework, including the Standards for RTOs 2015. Asqa and NSW Sled have a strong working relationship.
“In fact, a representative from Sled was on the management committee for Asqa’s national strategic review of training in security programs in Australia. Asqa looks forward to working with Sled and other stakeholders in the security industry to address the issues identified in the strategic review.”“In fact, a representative from Sled was on the management committee for Asqa’s national strategic review of training in security programs in Australia. Asqa looks forward to working with Sled and other stakeholders in the security industry to address the issues identified in the strategic review.”
The NSW police declined to comment.The NSW police declined to comment.
Security Training and Tactics was previously named in proceedings before the Independent Commission Against Corruption. While Icac found there was no evidence that directors at the time had acted dishonestly, the commission was not satisfied the training company had conducted their recognised prior learning in accordance with requirements under the security training guidelines.Security Training and Tactics was previously named in proceedings before the Independent Commission Against Corruption. While Icac found there was no evidence that directors at the time had acted dishonestly, the commission was not satisfied the training company had conducted their recognised prior learning in accordance with requirements under the security training guidelines.
In relation to the Icac report and the broader findings it made about the security industry, Lloyd told the tribunal: “We’re still uncovering the vestiges of that and in fact it’s getting worse. We say that in terms of stay application the public interest ought to take precedence over any private commercial interests.”In relation to the Icac report and the broader findings it made about the security industry, Lloyd told the tribunal: “We’re still uncovering the vestiges of that and in fact it’s getting worse. We say that in terms of stay application the public interest ought to take precedence over any private commercial interests.”
Lloyd told the tribunal the security provider had “not identified one scintilla of evidence that the non-compliance has been rectified”.Lloyd told the tribunal the security provider had “not identified one scintilla of evidence that the non-compliance has been rectified”.
“For three stokes over the last six months this applicant has not been able to demonstrate compliance. And that raises the question about whether this applicant should be allowed to continue training.”“For three stokes over the last six months this applicant has not been able to demonstrate compliance. And that raises the question about whether this applicant should be allowed to continue training.”
Wilcher told the tribunal: “The latest iteration of the evidence analysis contains new allegations and enlarged allegations from the previous one. It’s a matter of natural justice that we be afforded an opportunity to analyse what they say. In any other jurisdiction the late service of expert reports is a fairly serious matter.”Wilcher told the tribunal: “The latest iteration of the evidence analysis contains new allegations and enlarged allegations from the previous one. It’s a matter of natural justice that we be afforded an opportunity to analyse what they say. In any other jurisdiction the late service of expert reports is a fairly serious matter.”
The stay application will be heard again by the tribunal in February. At that point the tribunal will decide whether the company can continue to instruct or enrol students until all proceedings are finalised.The stay application will be heard again by the tribunal in February. At that point the tribunal will decide whether the company can continue to instruct or enrol students until all proceedings are finalised.