Disqualifying offences for security licences
If you have committed criminal offences, it may affect your ability to get or hold a security licence.
Some criminal offences are so serious that you can’t get or hold a security licence if you have committed one.
Other offences don’t automatically disqualify you, but we consider them when deciding if you should be allowed to get or hold a security licence.
The following criteria apply to you if you are applying for a security licence as an individual, a security firm, or an executive officer of a corporation.
Automatic disqualification offences
If you have been convicted—had a conviction recorded—of any of the following offences within the last 10 years, you are automatically disqualified from getting or holding a security licence; any licence applications in these cases will be refused.
You are also automatically disqualified if you are convicted of an equivalent offence outside Queensland.
| 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) |
|
Current licence holders convicted of disqualifying offences
If you are convicted of any of the above offences while you are licensed, your licence will be automatically cancelled.
If this happens you:
- cannot appeal the cancellation
- will be penalised if you conduct security work that requires a licence
- cannot apply for a licence for 10 years from the date of your conviction.
If you are charged with any of these offences while you are licensed, we may ask you to justify to us why we shouldn’t suspend your licence.
Non-disqualifying offences and conduct
We can still take into account other offences and conduct, even if they do not automatically disqualify you from getting or holding a security licence.
This includes:
- offences listed above that are older than 10 years
- any other offence—in Queensland or elsewhere—even if it is older than 10 years
- any unrecorded findings of guilt against you (i.e. no conviction recorded)
- if you have
- shown dishonesty or a lack of integrity in your dealings
- used harassing tactics
- taken advantage of bankruptcy laws
- if you are a risk to public safety
- if it would not be in the public interest for you to hold a licence.
Note: We can consider offences under laws other than the Criminal Code and fair trading laws, for example, if you have engaged in practices that breach workplace laws, like sham contracting.
How this affects licence applications
We will consider your offences and conduct when making a decision about your licence application; if we decide to refuse your application for a licence we must tell you the reasons. You can appeal our decision to the Queensland Civil and Administrative Tribunal (QCAT).
Current licence holders with convictions or charges of non-disqualifying offences
If you are charged or found guilty of an offence—or engage in any other improper conduct—while you are licensed, we may ask you to justify to us why we shouldn’t cancel your licence.
If we decide that you are no longer suitable to hold a licence, we must give the reasons, which you can appeal to QCAT.