Licensees (e.g. liquor licence holders, second hand dealers, security guards)

For some licences, convictions for fraud or dishonesty offences may lead to revocation of a licence. Applicants for certain licences must be 'fit and proper' to hold a licence or be of good name or character, depending upon the wording of the relevant Act.

Some licences may be revoked if the holder commits certain types of offences. For example, a licensee of premises where liquor can be sold or consumed can be subject to disciplinary action where that person has been convicted of an indictable offence or an offence against the Liquor Licensing Act 1997 (SA). Disciplinary action can include the revocation of that person’s licence by the Licensing Court.

Second-hand dealers do not have to be licensed but may be disqualified from carrying on business as a second-hand dealer if convicted of an offence of dishonesty or an offence against the Second-hand Dealers and Pawnbrokers Act 1996 (SA) [s 6].

A criminal conviction may also affect security and investigation agents such as security guards, alarm installers, crowd controllers, investigators, etc.

Under the Security and Investigation Industry Act 1995 (SA) a person is excluded from having a licence if they are found guilty or convicted of a prescribed offence. A list of prescribed offences appears under regulation 6 of the Security and Investigation Industry Regulations 2011 (SA). More information about the relevant offences is available at SA.GOV.AU.

This means that the Commissioner for Consumer Affairs is prohibited by legislation from granting a Security Agents licence to an applicant if they have a conviction for a prescribed offence, such as assault. It is possible to make an application to the Minister to be exempt from a specific provision of the Security and Investigation Industry Act 1995 (SA).The Minister has specific power to grant an exemption under section 33 of the Security and Investigation Industry Act 1995 (SA).

The Labour Hire Licensing Act 2017 (SA) and Labour Hire Licensing Regulations 2018 (SA) govern the mandatory licensing process for specified labour hire service providers in South Australia, and any responsible person/s to whom the license relates. Further information about specific labour hire licensing is available through the Consumer and Business ServicesLabour Hire Licensing website [link opens in a new window].

Certain professionals, such as medical practitioners, legal practitioners, nurses and teachers must be registered or admitted to practise. Such professionals may be 'struck off' or be refused entry to the profession if convicted of certain offences on the basis that such a conviction means that person is not of good character.