Legal, liability, refunds and compliance pack

This Pack is the public legal framework of OnGuard Protection. It applies to website enquiries, quotations, purchase orders, event bookings, patrol and static contracts, and any RFT, RFQ, panel or standing offer issued by a Commonwealth entity, a New South Wales agency, a NSW local council, a GOC, or a Defence prime for work in New South Wales.

OnGuard holds New South Wales Security Master Licence 000110094 under the Security Industry Act 1997 (NSW), administered by the Security Licensing & Enforcement Directorate (SLED). This Pack does not claim an interstate master, firm or agent licence. Mutual recognition may allow an individual operative to work in another jurisdiction where that scheme lawfully applies. It does not authorise OnGuard to carry on a security business outside NSW. Work outside NSW is declined unless a current local master/firm licence is in force and scheduled to the quote.

Where a signed engagement, purchase order or deed exists, that instrument prevails to the extent of inconsistency — except that the Australian Consumer Law always prevails.

Client means the person or entity that requests or receives services. Consumer has the meaning in s 3 of the ACL (household-type services, or a price at or under the prescribed threshold — currently $100,000). Services means crowd control, event security, static guarding, mobile patrols, alarm response, corporate concierge, access control and asset protection. Regulator includes the ACCC, SLED, SafeWork NSW, the OAIC, and a Defence security authority.

If a provision is void, the rest continues. Nothing in this Pack is a warranty that a particular ISO certificate, DISP membership, NV1, NV2 or higher clearance is currently held — those are stated, if at all, only on a signed schedule attached to the booking.

OnGuard supplies licensed security labour and site presence in New South Wales. We do not, unless a separate written instrument and the matching licence class are scheduled, supply locksmithing, firearms, cash-in-transit, private inquiry, monitoring-centre operations, or covert electronic surveillance. Dog teams are not a current OnGuard product line. The Client remains responsible for site induction content only the occupier can provide, and for directions that would require us to break the law.

A quotation is an invitation to treat unless stated to be a standing offer. A contract is formed when we confirm the booking in writing or first deploy after a clear instruction to proceed.

The ACL is Schedule 2 to the Competition and Consumer Act 2010 (Cth). It applies as a law of New South Wales. The ACCC and NSW Fair Trading enforce it.

Guarantees that cannot be excluded

• Services rendered with due care and skill (s 60).
• Reasonably fit for a purpose the Client makes known (s 61).
• Supplied within a reasonable time if no time is fixed (s 62).

These cannot be removed by a website term, a quote footer, a “no refunds” line, or a verbal briefing (s 64). Telling a client they have no refund rights, or that we accept “no liability for any loss”, is misleading if it hides a guarantee the law will not let us hide.

Major and minor failure

A major failure includes a failure that cannot be remedied in a reasonable time, or that makes the services substantially unfit. The Client may then terminate and recover unused fees or compensation for reduction in value. For a non-major failure we may re-supply or pay the reasonable cost of re-supply (ss 267–269).

Change of mind, a Client-caused lock-out, or a force-majeure event that is not our failure is not by itself an ACL failure. A commercial cancellation fee may then apply if it is a genuine pre-estimate and is not an unfair term.

How to claim

1. Email admin@ogprotection.com.au or call 0432 893 343 with the booking, site, date and problem.
2. We acknowledge within two business days and investigate run-sheets, radio logs and officer reports.
3. If the ACL requires a remedy, we offer re-supply or a refund as the Act requires — not as a gesture.
4. If we disagree, we say why in writing and name NCAT, a court, NSW Fair Trading or the ACCC.

Help: ACCC 1300 302 502 · NSW Fair Trading 13 32 20.

Where services are not of a kind ordinarily acquired for personal, domestic or household use, s 64A ACL permits a limit to re-supply or the cost of re-supply. Subject always to section 4:

• Aggregate liability for a booking is limited to the fees for the affected shift or the cost of re-supplying those services.
• No liability for consequential loss (lost profit, lost tender, reputation) except where a non-excludable law requires it.
• No liability for a loss caused by an incomplete brief, an undisclosed site hazard, an unlawful direction, or third parties we do not control.
• Nothing limits death or personal injury where a statute forbids that limit, or fraud or wilful misconduct.
• Notify claims within 12 months of becoming aware of the facts, or any longer statutory period.

If a sentence is too wide, it is read down. It is never used to void statutory rights.

The ACL unfair-terms regime applies to standard-form contracts with consumers and small businesses (including, under current thresholds, fewer than 100 employees or turnover under $10 million). Proposing or relying on an unfair term can attract penalties.

We will not rely on a term that lets us unilaterally vary price without a fair process, that avoids ACL obligations, or that imposes a cancellation fee that is a penalty rather than a genuine pre-estimate.

Security work in NSW is licensed under the Security Industry Act 1997 and the Security Industry Regulation. A master licence authorises the business to provide persons to carry on security activities. Each operative must hold the correct Class 1 or Class 2 subclass for the activity actually performed. We will not deploy an unlicensed person, or a person whose class does not match the activity.

OnGuard’s issued business authority is NSW Master Licence 000110094. Verify it on the SLED public register.

Since 1 June 2023, former unarmed-guard (old 1A) and crowd-controller (old 1C) activities sit together under the current Class 1A Security Officer subclass. Current 1C is cash-in-transit. Current 1D is the only subclass that authorises dog work. Schedule D is the roster rule.

Mutual recognition under the Mutual Recognition Act 1992 (Cth) and automatic mutual recognition may allow an individual licence to travel, subject to notifications and excluded activities. It does not give OnGuard an interstate master licence. We do not table a multi-state licence matrix as if we hold those business licences.

The Work Health and Safety Act 2011 (NSW) applies. OnGuard and the Client are typically both persons conducting a business or undertaking (PCBUs) at the Site (ss 5, 16). Each must consult, cooperate and coordinate (s 46). OnGuard officers must be inducted to Site-specific hazards the occupier controls. We will stop work that presents a serious and imminent risk. A worker may cease unsafe work under s 84.

NSW roster rules

• Every person provided to carry on a security activity holds a current NSW licence of the matching subclass (Schedule D).
• The original licence is worn so as to be clearly visible (s 36) — attached to outer clothing, at or above the waist, front or side.
• The roster records name, licence number, subclass, start and finish for every shift.
• A licence is not lent, hired or used by another person (s 37).
• Fatigue, award breaks and maximum hours are treated as WHS and Fair Work duties, not roster convenience.

First-aid currency

For crowd control, event, and other 1A posts where first aid is reasonably required by the Site, the event plan or our SOP, the officer’s first-aid unit (typically HLTAID011 or the unit then specified by SLED / the approved Security Licence Course) must be current. An officer whose first-aid has expired will not be rostered onto those posts. Currency is checked before the first shift of a booking and at each scheduled refresh.

Privacy and surveillance

If we are an APP entity under the Privacy Act 1988, or a government contract flows the APPs down, we collect only what the job needs, secure it, and do not disclose it except as the APPs or a law requires. See the OAIC APPs.

Covert optical or listening surveillance is restricted under the Surveillance Devices Act 2007 (NSW). We do not do it without written lawful authority. Body-worn cameras, if used, are used only as the engagement and the Act allow.

Alignment is not certification. Alignment means we design jobs, SOPs, incident control and records to the control set named below. Certification means a JAS-ANZ accredited body has issued a current numbered certificate. OnGuard does not, in this Pack, claim a current ISO certificate. If a certificate is issued, it will be scheduled and attached. Claiming a certificate we do not hold is misleading under the ACL (s 18 and related provisions). Evaluation panels must treat “alignment” as not certified.

Defence, ADF, Defence-prime and classified Commonwealth work on a NSW Site sits under the PSPF, the DSPF, the Defence Industry Security Program (DISP), the ISM and the Essential Eight.

NV1, NV2 and higher clearances. Classified or Defence work that requires an AGSVA Negative Vetting 1, Negative Vetting 2, Positive Vetting or any higher clearance will be declined, or delivered only through a cleared partner under a written subcontract, until OnGuard holds the named clearance and it is scheduled. We will not roster an uncleared officer onto a cleared post. We will not tick “held” on a tender form for a clearance we do not hold.

We will not pretend to hold DISP membership, a facility security clearance, or individual clearances unless those are current and named on a signed schedule. If a tender requires them, we either evidence them or we decline or partner until they are in force. A false security status is a security incident and a misleading representation.

As a subcontractor to a DISP member we will comply with flow-down: sponsorship, need-to-know, no uncleared devices, incident reporting, and return or destruction of classified material.

ITAR/EAR and the Defence Trade Controls Act 2012 are out of scope unless a schedule says otherwise. If the Client is a SOCI responsible entity, they must tell us before we start.

Commonwealth procurement for a NSW Site runs under the Commonwealth Procurement Rules (PGPA Act). NSW Government procurement sits under buy.nsw / eTendering. Local government in NSW is under the Local Government Act 1993 (NSW) and the council’s procurement policy — a public tender is commonly required above $250,000 including GST, subject to amendment. Confirm the current threshold before you treat this as the award rule.

This Pack is Annexure A unless the buyer mandates its own deed. We will not bid a price we cannot resource with licensed NSW labour of the correct subclass. Collusive tendering is prohibited.

• AusTender
• buy.nsw
• NSW eTendering

We maintain public liability and workers compensation as required at the NSW Site, and will produce certificates of currency. Do not assume a limit or an insurer until you have the current certificate. Our indemnity covers loss to the extent caused by our negligence or wilful default, reduced by the Client’s or a third party’s contribution, and capped as in section 5 except where the law forbids a cap.

Notify claims immediately to 0432 893 343 and admin@ogprotection.com.au. Do not admit liability on our behalf.

Every operative on a licensed activity holds a current NSW licence of the correct subclass (Schedule D). We may subcontract to another NSW master-licensed provider and remain responsible to the Client. The Modern Slavery Act 2018 (Cth) reporting obligation applies above the revenue threshold. Whether or not we are a reporting entity in a given year, we will not use bonded, trafficked or child labour.

Each party keeps the other’s confidential information confidential except for insurers, lawyers, regulators, and as a court or statute requires. Run-sheets, event plans and SOPs we create remain our IP; the Client gets a licence for the Site and the term. We keep operational records for at least seven years, or longer if a government contract says so.

Fees are as quoted. Variations must be agreed in writing where practicable. Payment is 14 days from invoice unless the quote says otherwise.

Cancellation more than 72 hours before start: no fee. Inside 72 hours: a fee not exceeding unavoidable labour and travel we cannot redeploy — a genuine pre-estimate, not a penalty. If we cancel other than for force majeure or Client breach, the Client pays nothing for the cancelled portion and may claim an ACL remedy if one applies.

Force majeure includes flood, fire, pandemic direction, industrial action we do not control, and a government order that makes the deployment unlawful. The ACL still applies to any failure not genuinely caused by the event.

Complain to us first. If unresolved: NCAT; a court of competent jurisdiction; the ACCC or NSW Fair Trading; SLED for licence conduct; SafeWork NSW for WHS; the OAIC for privacy. Nothing here is an arbitration clause that blocks a statutory complaint.

Laws of New South Wales and the Commonwealth of Australia. Non-exclusive jurisdiction of the courts of NSW. Invalid provisions are severed or read down. The Pack plus the accepted quote or purchase order is the entire agreement, except for any non-excludable statutory term. The version cited on the quote is the version that applies to that booking.

Authorities below are taken from s 11 and s 12 of the Security Industry Act 1997 (NSW) as in force after the 1 June 2023 reforms. The class on the officer must match the activity. This is the roster rule, not a training brochure. A Class 1A, 1B, 1C, 1E or 1F licence does not authorise security activity with a dog.

Master licence 000110094 authorises the business to provide licensed persons. It is not a substitute for the individual subclass. Loss-prevention activities formerly under old 1G sit inside current 1A.

• This PDF as Annexure A — Legal, Liability and Compliance (NSW).
• Current SLED extract for Master Licence 000110094.
• Certificates of currency (public liability and workers compensation as a minimum).
• Named roster for the first four weeks: officer, licence number, subclass, expiry, first-aid expiry where the post requires it.
• If the RFT demands a numbered ISO certificate, DISP membership, NV1, NV2 or a higher clearance — attach the current instrument or mark the requirement as not held / condition subsequent. Do not tick “held” if it is not held.
• If the Site is outside NSW — do not bid unless a local master/firm licence is attached.