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Rev Dr Gordon Moyes is seeking industry and community feedback for a private members’ bill to be introduced in 2006 that aims to tackle some of the systemic problems within the bouncer industry in NSW.

The Security Industry Amendment (Patron Protection) Bill 2006 is to enhance the safety of patrons within nightclubs and hotels and to ultimately reduce the high incidents of violence in and around licensed premises. In order to achieve this outcome the proposed legislation will specifically be aiming at:

(1) ensuring that crowd controllers are not under the influence of alcohol or drugs while working because of the increased levels of aggression associated with these substances;

(2) reducing the prevalence of drug trading in nightclubs and hotels;

(3) facilitating increased reporting of assaults committed by crowd controllers to the police and the Security Industry Registry;

(4) dramatically increasing the accountability of crowd controllers while on duty, with regard to violent or criminal conduct;

(5) ensuring that crowd controllers are part of the solution to violence in licensed premises, as opposed to being part of the problem in a large percentage of incidents; and

(6) ensuring that licensed security providers act in accordance with principles of fair trading.

The bill also implements some minor recommendations of the 2004 Review Report into the Security Industry Act 1997 and Security Industry Regulation 1998.

Reasons for the Bill

When the Security Industry Act 1997 was introduced to replace the Security (Protection) Industry Act 1985 the then Police Minister, Mr Whelan, announced the purpose of the legislation.

This bill is designed to provide employees with a safer working environment and a higher level of training based on national competency standards. It is also designed to exclude those whose background makes them unsuitable for this type of work.

The focus during the formulation of the legislation was clearly on the safety of security industry employees. Since then we have begun to have a greater understanding of the nature of nightspot violence, and the role that crowd controllers sometimes play in that problem.

This bill acknowledges the fact that, at least in part, some crowd controllers are contributing to violence and drug trading in licensed premises. This is by no means a reflection on the many professional and drug-free crowd controllers who take their job and the law seriously. But the problem presented by the unsavoury part of industry is significant enough to warrant action.

Violence is a common occurrence in many popular evening entertainment venues and nightspots in New South Wales. Figures from the Bureau of Crime Statistics and Research NSW (ref: tm05-3305) indicate the continued rise of violence in licensed premises, including a sharp increase in reported incidents of assault in hotels and pubs.

A significant percentage of criminal assaults tend to cluster in and around licensed premises, and about 90% of assaults that occur late at night, the most common time for assaults generally, are associated with alcohol abuse. Of these establishments, incidents of violence were concentrated in a small number of larger hotels and nightclubs, most of which were trading at late hours. A prominent feature of all these evening venues are the teams of crowd controllers that admit people from outside and move amongst the crowd inside. Police are rarely or never seen in these venues. Within this environment crowd controllers exercise more real power than police officers.

For a variety of reasons incidents of violence that takes place in and around licensed premises are significantly underreported to police. Violent assaults perpetrated by crowd controllers on licensed premises are underreported to an even greater extent.

Additionally, the reporting of crowd controllers in New South Wales is made even more difficult because they often do not wear their licenses while working. The crowd controller could do this deliberately or accidentally. Many security companies also do not understand the legal licensing requirements for their employees.

In research for this proposed legislation a number of security contractors reported that some staff did not wear or even have licenses because the employees was training and did not require one, even though they were conducting, often unsupervised, security work in pubs and nightclubs.

That those in the security industry own and display their licenses while working is fundamental in reducing incidents of assault against patrons. Successful legislation and law enforcement requiring bus and taxi drivers to display readable licensing information should be used as a model in this regard. Passengers know that if their driver threatened their personal safety they can easily identify and report him or her to police.

For the reasons stated above it is currently almost impossible, especially in crowded nightclubs, for patrons to report crowd controllers to the police. Once an effective way of doing this is implemented it will make night venues safer by increased reporting of assaults, and act as a deterrent to crowd controllers who have a predilection towards violent conduct.

Policing agencies and crime researchers are increasingly becoming aware of the role that crowd controllers play in inciting incidents of violent conduct in hotels and nightclubs. International and Australian research suggests that a significant minority of violent incidents in licensed premises are a result of gratuitous and unprovoked aggression on behalf of the crowd controllers or provocative behaviour directed towards patrons.

The consumption of illicit drugs is a major contributor to increased levels of aggression, depression, irritability, and paranoia among crowd controllers. Drugs that are frequently taken by crowd controllers are amphetamine-type stimulants, and anabolic and androgenic agents. Most bodybuilders, a sport known for almost universal steroid use, work in the security industry.

When the mind and bodies of crowd controllers are under the influence of these drugs, and they are placed in the stressful environment of a nightclub at late hours, it is a recipe for senseless and uncontrollable violence, and is currently placing the community at significant risk of a whole range of abuse.

Often those wishing to profit off the drug trade acquire security licenses to control the lucrative market conducted inside some licensed premises. Control can be exercised by admitting or barring certain traffickers at the door or by directly dealing them themselves.

Fundamentally, the Bill has drawn from the desire to:

· respond to the communities reasonable concerns about after-dark safety and violence in licensed premises;

· ensure that crowd controllers in New South Wales are part of the solution rather than the problem;

· bring New South Wales into line with Australia’s best practice in security industry regulation; and

· continue to dismantle drug dealing networks, especially in the high-demand environments of nightclubs and hotels.

Current Legislation

Currently the Security Industry Act 1997 and Security Industry Regulation 1998 operate to regulate the burgeoning security industry in New South Wales. They exist to provide public confidence in the security industry, and to ensure that the industry remains free of violent and organised crime. It also established the Security Industry Registry as a division of the NSW police force and to be the peak regulatory body for the industry in the state.

Despite bringing greater transparency to the industry, and regulating the availability of firearms through the industry, violence continues to be a major problem at a large number of hotels and nightclubs. Recently other states have shown the way forward in terms of tackling this rising problem.

Western Australia’s Government has adopted a ‘zero-tolerance’ policy to crowd controller violence, and in 1996 enacted random drug testing of crowd controllers in the Security and Related Activities (Control) Act 1996. Since introduction strike rates on random tests have dropped dramatically, suggesting that those taking drugs have either left the industry, stopped using illegal substances or moved interstate.

In May 2005 South Australia passed the Statutes Amendment (Liquor, Gambling and Security Industries) Act 2005. In addition to random drug and alcohol testing of crowd controllers it also introduced mandatory psychological assessments of licensees, and refresher training courses.

Random drug testing in Western Australia and South Australia is implemented by serving crowd controllers with notices that require them to attend a designated place and time to give a sample of blood or urine to be tested. Random alcohol testing is performed by police on the premises while the crowd controller is on duty.

Queensland’s Department of Fair Trading is currently performing a review of their Security Providers Act 1993 with a view towards random drug and alcohol testing of crowd controllers .

The Security Industry Amendment (Patron Protection) Bill proposes a system of random drug and alcohol testing almost identical to that which currently exists for NSW police officers. Random alcohol testing and collection of samples for drug testing would take place while 1C and P1C license holders are working and would be administered by police officers. Suitable checks are incorporated to ensure that the power of police is not abused or incorrectly applied.

The bill would introduce tighter laws on the continual display of licenses worn by crowd controllers and a larger more readable license number to facilitate greater reportage of criminal or violent incidents.

As a recommendation of the 2004 Review Report, upon applying or renewing a license crowd controllers will also require a certificate from a medical practitioner, and would be required to declare any relevant medical, psychiatric or psychological condition to the certifying practitioner.

If you would like to know more about this bill or would like to offer comment as a member of the industry or the general community, we encourage you to please email Jonathon Flegg at the office of Dr Gordon Moyes.