Sample Character Reference Letter for Law Enforcement - PDF

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					                                                                                                                   FACT SHEET 11
                    Character Reference Requirements




This Fact Sheet provides information on the               •   ministers of religion
requirement that applicants for Provisional, Class 1 or   •   the applicant’s current or previous employers
Class 2 security licences include two written character
                                                          •   justices of the peace
references.
                                                          •   security licensees who have held their licence
The Security Industry Regulation 2007 details who
                                                              continuously for at least 5 years.
can, and who cannot, provide character references to
security licence applicants and what information must
be included in the references.                            Can a relative of the applicant provide a
                                                          character reference?
Applicants are encouraged to supply a copy of this Fact
Sheet to any person from whom they seek a reference.      Character references for security licence applications
                                                          can not be provided by an applicant’s:

Who can provide written character references to           •   parent (includes all persons with parental
security licence applicants?                                  responsibility for the applicant)

A person providing a written character reference must     •   husband or wife (includes de facto partners)

be an Australian resident, have personally known the      •   child (includes stepchild, foster child, etc)
applicant for at least 12 months and currently fall       •   brother or sister (includes half and step siblings).
within one of the following classes of persons:
                                                          Other relatives, such as grandparents, uncles, aunts
•   accountants, but only if the accountant is a:
                                                          and cousins, may still provide character references to
•   member of the Institute of Chartered Accountants      applicants.
    in Australia; or

•   member of CPA Australia; or                           What information is required in a written
•   member of the National Institute of Accountants; or   character reference?
    registered tax agent.                                 Written character references must include:
•   bank managers                                         •   the name of the person for whom the reference is
•   Australian lawyers and patent attorneys                   given

•   clerks or registrars of court                         •   the name, address and daytime phone number of
                                                              the person giving the reference
•   registered medical practitioners
                                                          •   the class to which the referee belongs (e.g. bank
•   judges
                                                              manager)
•   members of the Chartered Institute of Company
                                                          •   a statement as to how the referee knows the
    Secretaries in Australia
                                                              applicant
•   government employees (except members of any
                                                          •   a statement as to how long the referee has known
    police force or other law enforcement agency) who
                                                              the applicant
    have been employed full-time continuously for at
    least 5 years                                         •   a statement that the referee considers the
                                                              applicant to be “a fit and proper person to work in
•   school and tertiary teachers who have been
                                                              the security industry”
    teaching full-time for at least 5 years
                                                          •   the date of the reference.
Is it an offence to provide a false character reference?
                                                                                            Security Licensing &
It is an offence, under clause 14(3) of the Security Industry Regulation 2007,              Enforcement Directorate
for a person to provide a written character reference that is false or misleading
in a material particular (i.e. in relation to the required information). The maximum        Locked Bag 5099
penalty that applies is $2,200.                                                             Parramatta NSW 2124

Additionally, it is an offence under Part 5A of the Crimes Act 1900 for a person to
                                                                                            Telephone
make a statement, or give information, to the NSW Police Force that is false or             1300 362 001
misleading in a material particular. The maximum penalty that applies is $22,000 or
2 years imprisonment, or both. The Security Licensing & Enforcement Directorate             Fax
may conduct random and targeted audits of character references supplied by                  1300 362 066
applicants. Applicants have a responsibility to ensure that any person they ask to
provide them with a written character reference is aware of the relevant                    Email
requirements.                                                                               sled@police.nsw.gov.au


                                                                                            Website
Sample Reference                                                                            http://www.police.nsw.gov.au/sled

The following sample reference is provided as a guide to applicants and referees:


     The Director
     Security Licensing & Enforcement Directorate
     State Crime Command
     NSW Police Force



     Dear Director

     I am a [class of person - eg registered tax agent] and I have known
     [applicant's name] for [how long - eg 3 years] as [how you know the
     applicant - eg as a patient]. In that time, I have found [him\her] to be of
     good character and a fit and proper person to work in the security industry.

     I understand that it is an offence under the Security Industry Regulation
     2007 and\or the Crimes Act 1900 to provide a false or misleading
     character reference.

     I may be contacted during business hours on [daytime telephone number].

     Yours sincerely



     [Referee’s signature and name]
     [Referee’s business or residential address]
     [Date]




   Where can I find more information?

   The information provided in this Fact Sheet is a guide to the requirements relating to
   written character references; it does not constitute legal advice. Applicants should
   familiarise themselves with the Security Industry Act 1997 and the Security Industry
   Regulation 2007, which are available on the NSW Legislation website
   (www.legislation.nsw.gov.au).




PAB 30 August 2010

				
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