In early June, Joshua Duke was the second prisoner to escape from the centre since it opened in 2010. 

He was recaptured 19 days later.

Greens member of the NSW Legislative Council David Shoebridge has asked numerous questions of the Minister for Police and Emergency Services Michael Gallacher and the Minister for Finance and Services and Member for Illawarra Greg Pearce regarding the construction of the fence, since May 2012.

Under the Security Industry Act 1997, anyone carrying out security activities, including work on security fencing around facilities like jails, whether builders or subsequent subcontractors or employees, must have a Master Security Licence issued by the Police Department.

The Act also states if the work on any such fence has been carried out by an unlicensed contractor, the contractor cannot charge for the work. 

If a contractor does charge for work that breaches this part of the Act, they cannot keep the payment.

Mr Gallacher revealed during questioning by Mr Shoebridge that the perimetre fence at the South Coast Correctional Complex was installed by Greg Wheeler Contracting Pty Ltd, which at the time did not have a Master Security Industry licence.

The company had a team of 10 employees on site during the installation of the fence.

Mr Gallacher also said that there were no exemptions from the Security Industry Act 1997 that required a contractor to hold a Master Security Industry licence. 

However, in another statement he said there were a number of exemptions from the requirements of the Security Industry Act 1997, which were contained either in the Act or Regulations.

He said the Security Licensing and Enforcement Directorate advised it was not aware of any company that continued to operate in defiance of licensing requirements, once brought to its attention.

He said having a security industry licence was not a condition for the awarding of the contract to install the perimeter fence and that such licences did not fall within the portfolio of the Minister for Justice.

Mr Gallacher said awarding a tender was the responsibility of the Department of Finance.

Section 41 of the Security Industry Act 1997 (payment of fees charged by unlicensed persons) stated in general terms that a contractor without a Master Security Industry licence was prohibited from charging for such work and went on to state that if a charge was raised in contravention of this section the contractor was not allowed to retain the payment.

The Act also said it was an offence to carry on unauthorised security activities without a master licence.

A person must not carry on a security activity unless they were the holder of a class one or two licence that authorised them to carry on the security activity.

The offences carry fines and a penalty of up to two years’ imprisonment.

Under questioning Mr Pearce also admitted that Greg Wheeler Contracting Pty Ltd did not hold a Master Security Industry licence at the time the fence was supplied and installed and that no checks were undertaken by the Department of Finance and Services relating to appropriate security licensing for this operation.

He said Greg Wheeler Contracting Pty Ltd did not engage any sub-contractors to assist with the installation of the security fence.

He was also asked why the possession of a security industry licence was not a condition for the awarding of the contract to install the perimeter fence.

“It was not considered as being applicable. The perimetre fence was inspected by Corrective Services NSW,” he said.