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  • 12 Apr 2017 3:37 PM | Anonymous member (Administrator)


    Liquor, Gaming and Fair Trading

    Security licence exemption for ID scanning

    Guideline

    The Liquor Act 1992 (Liquor Act) requires licensees at certain licensed premises to commence the mandatory scanning of patron photo identification (ID) from 1 July 2017.

     

    Section 173EH – Scanning obligations of licensees for regulated premises

    (1) The licensee for regulated premises must ensure that, during the regulated hours for the premises, no person is allowed to enter the premises as a patron unless—

    (a) the person produces a photo ID; and

    (b) a staff member of the licensed premises scans the photo ID using an approved ID scanner linked to an approved ID scanning system; and

    (c) the scan of the photo ID indicates the person is not subject to a banning order for the premises.

    The Chief Executive of the Office of Fair Trading (OFT) considers that the process of ‘scanning’ the ID of a person seeking entry to a licensed premises is not restricted to the mere electronic recording of an ID by a scanning device. Rather, scanning IDs is part of a multi-faceted process of screening the entry of persons into the place. This process includes, but is not limited to:

    ·         requesting the ID from the person

    ·         visually and tactilely assessing the authenticity and currency of the ID

    ·         ensuring the ID matches the person presenting the ID

    ·         scanning the ID in an electronic device, to ensure the person is not banned

    ·         subjectively determining a person is not unduly intoxicated, disruptive, inappropriately attired/ presented and conforms to any other admission criteria the licensee may stipulate

    ·         refusing entry to a banned or otherwise unsuitable person in a firm, polite, non-confrontational and professional way

    ·         managing any resultant direct physical interaction with unsuccessful entrants.



    As scanning the ID of a person is part of screening the entry of persons into the place, generally the Chief Executive considers that persons who operate ID scanners are required to be licensed as a crowd controller. The Security Providers Act 1993 (SPA) provides a definition of crowd controller.

    Section 5 – Who is a crowd controller?

    (1) A crowd controller is a person who, for reward, is at a public place principally for keeping order in or about the public place, including, for example, by doing any of the following—

    (a) screening the entry of persons into the place;

    (b) monitoring or controlling the behaviour of persons in the place;

    (c) removing persons from the place.

    Example—

    a bouncer at a hotel, nightclub or rock concert

    There are a number of important legal, public policy and community safety reasons why as a general principle, persons involved in the scanning and control of patrons require a crowd controller licence.  But, in brief, it is considered the entrance to a licensed premises is a critical interaction zone, where unknown persons are subject to an assessment as to whether they are suitable to enter the premises.

    However, the Chief Executive also recognises that some liquor licensees will have persons principally tasked with scanning the ID and not directly interacting with the patron.

    Section 26 of the Security Providers Regulation 2008 refers to section 54(2)(b) of the SPA and allows the Chief Executive to approve that a crowd controller or security officer need not hold the appropriate licence for a specified activity, event or place. In considering the intended policy outcomes of both the Liquor Act and SPA together with the operating environment when scanning for entry into licensed venues, the Chief Executive has determined to exercise his discretion under section 26 to exempt persons who operate scanning equipment from the requirement to be licensed as a crowd controller, subject to the following conditions:

    • ·         the person is scanning a patron’s ID, as required by section 173EH of the Liquor Act 1992; and
    • ·         the person is accompanied and directly supervised by a licensed crowd controller for such duties at all times; and
    • ·         the crowd controller independently assesses both the ID and the patron and appropriately screens the entry of the patron; and
    • ·         if the ID scan identifies a banned patron, only a crowd controller may remove that person from on or around the premises; and
    • ·         in any physical interaction between a crowd controller and a patron, a person merely scanning a patron’s ID must avoid all involvement.

    The Chief Executive proposes to review this exemption within 12 months of the commencement of section 173EH of the Liquor Act i.e. from 1 July 2017.

    If any clarification is required on the above, please call 13 QGOV (13 74 68).

    (Last reviewed – 6 April 2017)


    To download a copy please click here. 



  • 04 Apr 2017 4:17 PM | Anonymous member (Administrator)


  • 29 Mar 2017 3:44 PM | Anonymous member (Administrator)

    ROADSHOW POSTPONED

    Due to Cycone Debbie the BSCAA North Queensland Roadshow has been postponed. 

    The new dates of the event will be 6, 7 & 8 June 2017.

    Those who have already registered to attend will be automatically registered for the new dates.

    We hope everyone in the area is safe and well. 

    If you have any questions please call 07 3088 2209 or email bscaaqld@bscaa.com 


  • 24 Feb 2017 3:30 PM | Anonymous member (Administrator)

    The Fair Work Commission is an independent body and deliberated for a long time over the many submissions it received from all sections of the community before releasing its decision on penalty rates yesterday.

    The decision does not impact on the cleaning or security industries as it only relates to  awards in the  Retail, Fast Food, Hospitality and Pharmacy sectors.   In all other Awards the penalty rates have not been altered.

    BSCAA strongly supports compliance and advises all employers to adhere to award conditions.

    Kind Regards, 

    BSCAA National


  • 16 Feb 2017 10:22 AM | Anonymous member (Administrator)

    proudly presents the 

    2017 North Queensland Roadshow 

    Mackay - 6 June 2017  Townsville - 7 June 2017  Cairns - 8 June 2017

    A free seminar for companies in the building services industry including contract cleaners, security, traffic control, facilities management and grounds maintenance. The seminar will discuss portable long service leave for cleaners, industrial relations concerns, what to do if an employee is on WorkCover and sham contracting.


    QLeave will discuss the following topics:

    • Understanding your QLeave responsibilities as an employer
    • What workers are covered - are your subcontractors eligible?
    • Interstate schemes – work carried out interstate may count towards a worker’s long service leave
    • How to lodge your reimbursement claim for long service leave paid. Did you know that you only have 2 years to submit a claim?
    • The types of long service leave claims an employee can make
    • Paying long service leave to an employee
    • How to deal with long service leave payments that you are not liable for
    • Online submission of quarterly returns

    Workplace Advisory Group has been advising businesses in the cleaning and building
    services industry for over 30 years. Greg Selig works with BSCAA on industrial relations enquiries from members and
    government submissions. Greg will discuss the following topics:

    • The importance of having letters of employment, company policies and inductions
    • What is an unfair dismissal
    • How to deal with constant sick leave
    He will also be available to answer any Industrial Relations questions that you have on the day

    WorkCover Queensland will discuss the following topics:

    • The role of WorkCover Queensland
    • What to do if an employee is on WorkCover
    • Injury Prevention (including chemicals) 

    The Office of Fair Work Ombudsman will present on (Cairns Only):

    • Definitions of misclassification and sham contracting
    • Recognising the difference between employees and independent contractors
    • How to ensure you’re compliant with Commonwealth workplace laws


    For more information or to register please 

    click here.

    To download the event flyer please 

    click here.

    or contact BSCAA Qld on 07 3088 2209 

    bscaaqld@bscaa.com


  • 12 Dec 2016 4:51 PM | Anonymous member (Administrator)

    BSCAA Queensland has been working closely with the Fair Work Ombudsman to ensure your voices are heard when you report sham contracting within the industry. A Sham Contracting arrangement occurs where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding paying minimum employee entitlements. We understand that this is a big problem within the industry and it is important that we all work together closely to continue to report this activity to ensure there is an even playing field when it comes to bidding for contracts. 

    As a regulator, the Fair Work Ombudsman (FWO) has compulsory information gathering powers under the Fair Work Act 2009 which enables Fair Work Inspectors to require a person or company to produce evidence. If (on receiving information about an issue) the FWO commences an investigation, the FWO can request evidence from the parties concerned.

    To establish whether someone is a genuine employee or independent contractor, the FWO may consider a range of evidence including documents such as contracts, pay records, invoices and correspondence between the parties. However, the determination is largely based on the multi-factor test where they consider different factors that relate to the right to control how the work is performed and whether a person is genuinely running their own business. The FWO generally offers interviews to parties (such as business, workers, employers) to obtain this type of information and makes a determination once an investigation has been completed.

    All information provided to the FWO’s Anonymous Report function is considered by the FWO. 

    The information provided may result in an investigation into the issues, or be recorded by FWO and used to inform future compliance activities.

    In terms of providing information to the FWO, it’s helpful to provide as much detail about the employer/business and the allegations as possible. Such as:

    • The name of the business, the owner/directors, contact details and the ABN.
    • Names and contact details of any witnesses/workers who are willing to speak to the FWO.
    • Details about the workplace practices (pay rates, hours of work, number or workers affected, type of work performed, whether the workers vulnerable).
    • Any supply chain issues relating to procurement (such as a business’s awareness of their contractors underpaying workers).
    • In cases of suspected sham contracting, details about the control the worker has in performing the work (if known). For example, the ability to delegate to another contractor or their own employee, right to refuse work, ability to accept other work, who sets hours/rates of pay, length of contract, expectation of ongoing work, methods of payment.

    For more information about sham contracting and the multi-factor test please click here: Contractors and Employees – What’s the Difference?

    The FWO prefer that you use their website via the Anonymous Report page. Alternatively, people can provide information by registering for MyAccount or (for workers/employees) by lodging a request for assistance.  You can also provide the information in writing by sending it to:

    Fair Work Ombudsman
    GPO Box 9887
    Brisbane QLD 4001

    If you are unable to use these methods please contact the BSCAA Queenland Office at bscaaqld@bscaa.com with the information and we will be happy to lodge it for you. 

    Kind Regards, 

    Kim Puxty
    BSCAA Queensland President


  • 28 Nov 2016 4:55 PM | Anonymous member (Administrator)

    The Federal Government's changes to super have now been passed through Parliament. 

    The key changes include:

    ›› employees with super balances under $500,000 can make catch-up before-tax contributions from 1 July 2018

    ›› annual after-tax contribution limit of $100,000 

    ›› a maximum total super balance limit of $1.6 million for people making after-tax super contributions

    ›› A $25,000 cap on before-tax payments to super applies to everyone

    For further details please click below to download the flyer:
    AustralianSuper Changes November 2016.pdf


  • 21 Nov 2016 4:53 PM | Anonymous member (Administrator)


    The Building Service Contractors Association of Australia – Queensland Division (BSCAA) proudly announce the winners of the AustralianSuper Excellence Awards 2016. The cocktail evening was held on Friday 18 November 2016 in the Alabaster Room of Victoria Park Golf Club. 

    The Excellence Awards are designed to acknowledge the outstanding contribution and achievements of employers and employees in contract cleaning and security.

    To view the article written by INCLEAN please click here.

    To view the list of winners on the BSCAA Website please click here.

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