Operational requirements for networked ID scanning
You should contact your approved operator for training and advice about operating your chosen approved ID scanning system.
Who can operate an ID scanner
Generally, any person operating an approved ID scanner at a regulated premises is required to be licensed as a crowd controller under the Security Providers Act 1993.
However, there are exemptions to this requirement. From December 2018, a person scanning an ID will not need to be licensed as a crowd controller if all of the following conditions are met:
- the person is scanning a patron's ID, as required by section 173EH of the Liquor Act 1992
- the person scanning ID is indirectly supervised by a licensed crowd controller at all times
- if the ID scan identifies a banned patron, only a licensed crowd controller may remove that person from on or around the regulated premises
- in any physical interaction between a licensed crowd controller and a patron, a person merely scanning a patron's ID must avoid all involvement
- the person must be appropriately trained to operate the approved ID scanning system.
For more information, read the Office of Fair Trading's Security licence exemption for ID scanning guideline.
This exemption does not replace the obligation under the Liquor Act to adequately assess each patron's ID.
Compliance with ID scanning requirements
To ensure scanning is being undertaken properly, the law has been updated to make it an offence for staff members not to comply with ID scanning entry requirements at a licensed venue.
Both the staff member controlling entry to the venue, including contractors, and the licensee can be fined for not complying with scanning requirements. The maximum penalty is 10 penalty units ($1,334.50) for each instance of failing to comply.
The law has also been updated to make it an offence for a licensee to try to ban an investigator from entering their licensed premises unless the ban relates to the investigator’s behaviour as a patron of the licensed premises.
This change ensures the effectiveness and consistency of ID scanning practices.
If a licensee inappropriately bans an authorised investigator from their licensed premises, the maximum penalty that can apply is 200 penalty units ($26,690) or 1 year’s imprisonment.
Where to place ID scanners and when to scan
Under the ID scanner scheme, you are obliged to install an approved ID scanner at each entry to the regulated premises. Approved operators can provide advice in the placement of approved ID scanner terminals if required.
You are also required under the Liquor Act to:
- scan the photo ID of all patrons after 10pm on certain days unless the patron is exempt
- prevent entry to patrons subject to a banning order under the Liquor Act (read about refusing entry and scanning ID on re-entry)
- register to opt in to be covered by the Privacy Act 1988 (Cwlth)
- comply with the Privacy Act in relation to the protection of personal information recorded by an approved ID scanner operated in the regulated premises.
Note: While there are no record-keeping requirements under the Liquor Act in relation to approved ID scanners, you will still need to comply with crowd controller requirements under the Security Providers Act.
Obligations for employees of regulated premises
If you are an employee of a regulated premises, you have various responsibilities under the Liquor Act and Privacy Act in relation to the ID scanner scheme. These include knowing:
- what actions you need to take in the event of a positive ban check or approved ID scanner system failure
- the types of identification that are acceptable
- the requirements for refusing entry and re-entry
- your obligations in relation to privacy, including accessing personal information
- how to deal with a privacy complaint from a member of the public.
You do not need to have your ID scanned when entering the licensed premises for the purpose of work; however, you will need to have your ID scanned if you are entering the premises as a patron.
Acceptable forms of identification for scanning
The following types of ID (valid) are acceptable for use with an approved ID scanner:
- all Australian drivers licences
- an adult proof of age card (for example, Photo Identification card or Australia Post Keypass identity card)
- Australian and foreign passports
- foreign drivers licences.
Foreign driver licences not in English
Where a foreign driver licence is not written in English, an international driver permit issued in the foreign country of origin (and including a photo of the licence holder and translation) should be presented with the foreign driver licence.
Expired Queensland driver licences and renewal receipts
Queensland driver licence holders who have renewed their licence but are still awaiting the arrival of their new licence in the post can present their expired driver licence for scanning or ID checking, however, the licence must be presented along with a Department of Transport and Main Roads Driver Licence Renewal Receipt.
There is no obligation for licenced premises to accept the receipt if they did not wish the person to enter. Entry is at the licensee's discretion.
System failure or malfunction of an approved ID scanning system
If an approved ID scanner malfunctions or breaks down, you must not allow a patron to enter the venue unless their ID has been checked and you have confirmed the patron is not subject to a banning order for the premises.
You can continue to allow patron entry after 10pm, provided you manually check a patron's photo ID against a current list of persons subject to banning orders for the premises (the manual ban list).
The approved operator is required to make a manual ban list available to you. We strongly recommend that you make specific arrangements with your approved operator to have access to the manual ban list prior to a malfunction occurring. This will ensure that entry to your premises is not unduly delayed if a malfunction occurs. The manual ban list remains current for a period of 7 days.
Take particular note of your privacy obligations in handling and storing the personal information contained in the manual list.
In the event of a system failure, you should immediately notify your approved operator in writing so that arrangements to rectify the system failure can be made. You also need to advise the Office of Liquor and Gaming Regulation (OLGR) and the Queensland Police Service (QPS) of a system failure if you are unable to scan a patron's identification during regulated hours and you have allowed patrons entry to the venue using a manual ban list.
If an approved ID scanning system fails outside of regulated hours, or patrons are not permitted entry or re-entry during the failure, this is not considered a system failure and this would not need to be reported to OLGR as the failure has not affected the regulated premises' ability to scan patron's identification.
If any incident occurs - even one which doesn't necessarily result in the failure of the ID scanner system, but may impact the security or performance of the ID scanning system - you must still notify the approved operator as soon as possible.
Incident examples include:
- a drink is spilt on the ID scanner
- the ID scanner is dropped
- physical interference or suspected unauthorised access to the scanner or system.
Steps to follow if an approved ID scanning system fails
- Ensure that all patron IDs are being manually checked prior to entry using a manual ban list to check for patrons subject to an official ban.
- If a licensed crowd controller makes a positive ban check for a patron subject to an official ban for the regulated premises, they should:
- notify QPS at the time (through Policelink on 131 444) or through any linked radio system operated within a SNP that includes real-time monitoring by QPS
- record the following information, to be provided to OLGR (at Step 4)
- date and time of the detection
- personID (this is located on the manual ban list)
- nicheID (this is located on the manual ban list)
- venue name.
- Contact the regulated premises' approved operator for assistance, and to arrange for a technician to attend the premises (if required).
- Log in to the OLGR Client Portal and complete the System Failure – Licensee form within 48 hours from first allowing entry to a patron during the system failure. By doing this you will satisfy the requirement to notify OLGR and QPS (as OLGR have put in place arrangements to share the notification with QPS).
Installation, repair and maintenance of approved ID scanning systems
Repair and maintenance of approved ID scanners and ID scanning systems must be conducted through an approved operator.
Approved operators must provide 24-hour phone support for regulated premises. This includes the ability to escalate to appropriately qualified technicians in the event of system failure.
- Download and display the Scan in for a safe night out (LCD screen graphic) on your in-venue screens.
- Print and display the Scan in for a safe night out – we operate ID scanners at this venue poster.
- Download the Security Providers Act 1993.