A/HRC/33/43 52. In New Zealand, the licences are provided by the Private Security Personnel Licensing Authority (part of the Ministry of Justice).48 Every applicant must publish a notice of the intention to make an application, and the Authority will notify the police of every application for a licence or certificate.49 In addition, the Authority must notify the Commissioner of Police in writing when a license/certificate is issued.50 The Authority must hold a register of licensees and a register of certificate holders.51 Selection and training of personnel 53. The United States Congress established a legislative framework in the National Defense Authorization Act requiring the Department of Defense, in coordination with the Department of State, to be in charge of the licensing of private military and security companies and to prescribe regulations on the selection, training, equipping and conduct of personnel performing private security functions in an area of combat operations. 52 With regard to the training of the personnel, the geographic combatant commanders are in charge of verifying that private security company personnel meet all the legal, training and qualification requirements.53 Contractors authorized to accompany forces are required to receive training regarding their status under international humanitarian law. 54 At the direction of Congress, the Department of Defense supported the development of a business and management standard,55 now an international standard (ISO 18788) for private security companies, known as PSC-1, which includes training and accountability measures. Companies must implement the standard in order to compete for contracts.56 Australia and New Zealand have also recognized and supported ISO 18788. 54. In the various state and territorial laws in Australia, a distinction is made between a licence to employ security employees and a licence to carry out a security activity. There are typically various categories of licence, depending on the kind of security activity the holder of the licence is authorized to carry out.57 The licensing authority will grant the licence if it is satisfied that the applicant is a fit and proper person and has the competencies and experiences required. For that purpose, the applicant must have successfully completed an approved training. 48 49 50 51 52 53 54 55 56 57 12 Private Security Personnel and Private Investigators Act 2010, section 87. Ibid., sections 27 and 48. Ibid., sections 33 and 53. Ibid., section 97. Ike Skelton National Defense Authorization Act for Fiscal Year 2011, Public Law 111-383; National Defense Authorization Act for Fiscal Year 2010, Public Law 111-84; Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, Public Law 110-417; National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181. It should be noted that the National Defense Authorization Act is not a permanent piece of legislation; it is passed on an annual basis and can therefore change from year to year. Department of Defense Instruction No. 3020.50 of 22 July 2009, Procedures, part 1, section (a) (2). Department of Defense Instruction No. 3020.41 of 20 December 2011, enclosure 2 (3) (f). American National Standards Institute, Management system for quality of private security company operations-requirements with guidance, ANSI/ASIS PSC.1-2012. Office of the Assistant Secretary of Defense for Logistics and Materiel Readiness, Private security companies. For example, the Security Industry Act in the Australian Capital Territory creates five types of licence and establishes a register of those persons granted a licence, while the Act in New South Wales creates three types of licence.

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