A/HRC/33/43
55.
In Papua New Guinea, any person who wishes to carry out security services must
apply for a licence with the Security Industries Authority, which may issue three types of
licence for security service providers.58 A licence holder can then employ security officers
or security guards, who must hold a permit that enables the licence holder to employ
security officers or security guards in accordance with what is specified in the permit.59 The
Authority may grant a licence only if the applicant possesses the capabilities and experience
required for the particular class of licence applied for, and if the applicant (or its director,
secretary or chief executive officer in the case of a corporate body) is a fit and proper
person.60 The Authority is also entrusted by the relevant law with the mission to fix
minimum standards of training and discipline governing the holders of a licence or permit
and to formulate a code of conduct governing disciplinary matters.61 The research did not
reveal any code of conduct or regulation for training in Papua New Guinea.
56.
In Nauru, the licensing authority will issue a licence if it is satisfied that the
applicant is an adult and a suitable person.62 In deciding upon the suitability of the
applicant, the authority will consider the applicant’s (or its director’s/executive officer’s)
character, financial position and any other matter prescribed by regulation.63 The applicant
must not have had a licence cancelled within the 12 months before the application is made
and the applicant must not have contravened the Act within five years before the
application is made.64
57.
In New Zealand, the relevant law requires that security personnel be suitably
qualified and that they not behave in ways that are contrary to the public interest.65 The
licencing authority may grant the licence/certificate only if the applicant is of or above the
age of 18 years, there is no ground for disqualification and if the authority is satisfied that
the applicant is suitable to carry on the class of business for which he/she has applied.
58.
The licensing regime in New Zealand screens out unsuitable people, such as those
with serious criminal convictions, and allows training requirements to be imposed. In
October 2013, training regulations for private security personnel came into force in New
Zealand and training is compulsory for both licence and certificate holders working as
crowd controllers, property guards and personal guards. 66
Permitted and prohibited activities
59.
The United States limits outsourcing of “inherently governmental functions”.
Federal law67 and policy68 define the scope of those functions that only governmental
personnel, and not contract employees, may perform. Inherently governmental functions
58
59
60
61
62
63
64
65
66
67
68
Security (Protection) Industry Act 2004, section 40.
Ibid., section 26.
Ibid., sections 43, 44 and 45.
Ibid., section 5.
Private Security Act 2012, section 13.
Ibid., sections 14, 15 and 16.
Ibid.
Private Security Personnel and Private Investigators Act 2010, section 3.
Ibid., section 114.
Federal Activities Inventory Reform Act of 1998, Public Law 105-270 and Federal Acquisition
Regulation of 2005.
Office of Management and Budget Circular A-76 and Office of Federal Procurement Policy, policy
letter 11-01.
13
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