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