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Originally Posted by watchdog I did talk to Phil Houlton ( ex SIR head honcho) and he stated off the record |
Uhh... You're new to this whole "off the record" thing, aren't you?
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I've been down this path many times with them , its a form of recreation for me. Every person at the sir you talk to will give a different answer.
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I tend to keep ringing back until I get the answer I want, then request it in writing... You seldom get it, of course, but from time to time...
However, fundamentally, one must comply with the law (or not), which states:
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(1) For the purposes of this Act, a person is a close associate of an applicant for, or the holder of, a licence if the person:
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the licence applicant or holder, and by virtue of that interest or power is or will be able (in the opinion of the Commissioner) to exercise a significant influence over or with respect to the conduct of that business, or
(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the licence applicant or holder.
(2) In this section:
relevant financial interest in relation to a business means:
(a) any share in the capital of the business, or
(b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.
relevant position means the position of director, manager, and other executive positions and secretary, however those positions are designated, and such other positions as may be prescribed by the regulations for the purposes of this definition.
relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others:
(a) to participate in any directorial, managerial or executive decision, or
(b) to elect or appoint any person to any relevant position. |
(NSW Security Industry Act)
Read it about ten times and it starts to become obvious what a "close associate" is and isn't.
Having said that, it seems that most such compliance is largely voluntary as those who choose to act outside the law (through ignorance or malice) tend to stay off the SIR's radar anyway. You think you've got it tough? Try doing the right thing in the guarding sector! Many of our competitors don't even pay tax or insurance, yet here I am for no less than the third time, getting a basic certificate in security guarding for the benefit of someone high-up who decided (yet again) to "clean up" the Industry. No doubt I'll be doing it again in a couple of years thanks to other companies' monkeys and gorillas.
Meanwhile, Phil Houlton buggered off to sunny Murwillumbah (Firearms registry) and probably hasn't looked back at the inferno he left behind.
Of course ASIAL will save us. I have no doubt any day now, they'll be sending members an emergency pack containing ASIAL stickers. Oh, and inviting us to a breakfast meeting in Walgett.
</rant> </spray>