Effective from 23 August 2013, legitimate RSA Marshals from are no longer captured by the ‘Crowd Controller’ definition in Section 4 of the Security Industry Act 1997.
RSA Marshals are not to physically restrain or eject persons from premises, or prevent their entry to such premises. If they do so, they cease to be exempt from the requirement to hold a Class 1C security licence.
The amendment exempts persons who are employed or engaged for the purpose of carrying out RSA supervisory duties (within the meaning of Clause 53G (5) of the Liquor Regulation 2008) on licensed premises, but only to the extent to which the person carries out those duties and does not physically restrain or eject persons from, or prevent their entry to, such premises.
The exemption won’t apply if an RSA Marshal’s duties crosses the line into those activities properly undertaken by appropriately licensed crowd controllers, or by liquor licensees and their employees who are covered by a separate exemption – no. 8 of Schedule 1.
Section 53G (5) of the Liquor Regulation 2008 defines RSA supervisory duties as:
(a) monitoring responsible service of alcohol practices by staff members who are selling, supplying or serving liquor,
(b) engaging with those staff, and patrons on the premises, for the purpose of encouraging responsible attitudes and practices in relation to the promotion, sale, supply, service and consumption of liquor,
(c) monitoring alcohol consumption by patrons and their behaviour for signs of irresponsible, rapid or excessive consumption of alcohol and for signs of intoxication,
(d) intervening at an early stage to assist in the prevention of intoxication and anti-social behaviour (such intervention may include suggesting that patrons moderate their alcohol consumption by consuming food or non-alcoholic beverages),
(e) assisting in the resolution of disputes arising on the premises between patrons.