Licensing for Private Investigators

What are the licensing requirements for private investigators / inquiry agents in each State and Territory in Australia?

General Information

Licences for private investigators / inquiry agents are either issued and administered by police services in conjunction with the Court or by another government agency nominated under the relevant legislation.

Each State and Territory has different requirements and procedures for becoming a licensed investigator, however there are a number of issues that are common to each State or Territory.

You will be deemed ineligible to apply for a licence for the following general reasons:

• You have been convicted of a disqualifying offence.
• You have been involved in dealings where you have shown dishonesty, lack of integrity or used harassing tactics.
• You associate with criminals in a way which indicates involvement in unlawful activities.
• You have taken advantage as a debtor of the laws of bankruptcy.

Depending on the State or Territory in which you are applying, it is also a common requirement to undergo a criminal history check or provide fingerprints at the time of making application.

Below is a summary of the relevant information that you need to know if you are considering becoming a private investigator / inquiry agent.

NOTE:   Should you have any questions in respect to either your eligibility or the procedure involved, please contact and check with the appropriate licensing authority.

QUEENSLAND

What legislation regulates the licensing of investigators?

The legislation that regulates the licensing of private investigators in Queensland is the Security Providers Act 1993.

Security firms and people who are employed as security officers, crowd controllers or private investigators must be licensed to work in Queensland.

Licensing is administered by the Office of Fair Trading.

 Who needs a licence?

• Security Firm:  a business which engages crowd controllers, security officers and/or private investigators and supplies their services to others for a fee.
• Security Officer:  an individual employed to patrol or guard another person's property eg. a static security officer at a bank or a mobile patrol officer (this excludes people directly employed by the property owner or people employed by a security provider to carry out clerical duties (eg. secretary), casino employees or government security officers (eg. police, defence forces, government staff))
• Crowd Controller:  an individual employed to maintain order in and around a public place eg. at a hotel, night club or rock concert
• Private Investigator:  an individual specifically employed to obtain and provide information about another person (this excludes people who have to obtain and/or give information about other people in the course of their jobs eg. lawyers, accountants or shop assistants who have to obtain information about a person's credit rating.)

Security firm licences can be issued to individuals, partnerships or corporations.

Who is eligible?

To qualify for a licence, you must:

• Be aged over 18 years
• Have completed an approved training course, and
• Be an appropriate candidate for a security provider's licence.

As part of the application process, all applicants undergo a criminal history check with the Queensland Police Service.  The Office of Fair Trading may decide to refuse your application if:

• You have been involved in dealings where you have shown dishonesty, lack of integrity or used harassing tactics
• You associate with criminals in a way which indicates involvement in unlawful activities
• You have taken advantage as a debtor of the laws of bankruptcy, or
• You have been convicted of a disqualifying offence.

Your application will also be refused if, in the ten years prior to applying for a licence, you were convicted of an offence in another state, territory or country which is the equivalent of a disqualifying offence in Queensland.

Applicants are required to undergo a criminal history check which is paid for at the time of making the application.

What offences will disqualify me from holding a licence?

If you are found guilty of an offence under the Weapons Act 1990, Drug Misuse Act 1986, Police service Administration Act 1986, Industrial Relations Act 1999 or the Criminal Code that is punishable by imprisonment of one year or more (and your conviction is recorded), it is considered a disqualifying offence.

This also applies if you were fined. The word 'punishable' is important. Even if you were not actually sentenced, if a possible sentence of one year or more of imprisonment can apply to the offence you have committed, you may still be disqualified from holding a licence.

Examples of offences under the Weapons Act 1990 include:

• Possessing certain firearms without a licence (particularly category C, D, E, H or R weapons)
• Dangerous conduct with weapons, or
• Failure to adequately store weapons.

Examples of offences under the Drugs Misuse Act 1986 include:

• Possessing or producing dangerous drugs (including marijuana)
• Possessing things used in connection with using a dangerous drug (eg. pipes, syringes), or
• Supplying dangerous drugs (including marijuana).

An offence under the Police Service Administration Act 1990 includes impersonating a police officer.  Offences under the Industrial Relations Act 1999 include underpayment of award wages or an order of the Queensland Industrial Relations Commission or Magistrates' Court to pay wages owing.

Examples of offences under the Criminal Code include offences such as murder, manslaughter, rape, assault (including sexual and indecent assault), stealing, false pretences, fraud, theft, armed robbery, receiving stolen property, or dangerous driving.

Training requirements?

As of 24 May 2004, to be eligible to apply for a private investigator's licence, you must complete a Certificate III in Investigative Services from the PRS03 Asset Security Training Package approved under the Australian National Training Authority Act 1992 (Commonwealth). 

The previous minimum qualification of Certificate II in Investigative Services (PRS98) continued to be recognised for licensing purposes until 31 December 2005, as did higher level qualifications such as the Certificate IV in Investigative Services.

Approved short courses completed prior to 24 May 2004 continued to be recognised for licensing purposes until 31 December 2004.  From 24 May 2004, existing approved short courses are not approved for licensing purposes as these are no longer considered sufficient training for private investigators and do not align with the Australian Qualification Framework. 

There was no requirement for existing licensees to upgrade to the new qualification, unless the licence was allowed to lapse.   In this instance, you will be considered a new applicant and will be required to satisfy the new training requirement.

For more information.

Office of Fair Trading
21st Floor
State Law Building
Cnr Ann & George Streets
Brisbane, QLD, 4000

Telephone: (07) 3246 1589

Website:
http://www.fairtrading.qld.gov.au

NEW SOUTH WALES

What legislation regulates the licensing of investigators?

The legislation that regulates the licensing of private investigators in New South Wales is the Commercial Agents and Private Inquiry Agents (CAPI) Act 2004.

Licensing is administered by the New South Wales Police Commercial Agents and Private Inquiry Agents Unit.

Introduction to the CAPI legislation

The performance of Commercial Agents & Private Inquiry Agents (CAPI) activities in New South Wales is governed by the Commercial Agents & Private Inquiry Agents Act 2004 and Regulation.

These laws, effective from 1 May 2006, have been designed with the clear intention of providing the community of New South Wales with confidence in a professional CAPI industry where competence, integrity and accountability are provided and maintained to a high standard.

The most significant aspects of these laws are:

Licences have been placed into two groups:-

• Operator licences for Agents (employees)
• Master licences for Businesses (employers)

• The Commercial Agents & Private Inquiry Agents Act 2004 embraces any individual and business engaging in CAPI activities. Any individual or business conducting CAPI activities must hold a CAPI licence for those activities.
• Holders of Operator licences must be employed by a Master licence holder (not subcontracting), unless they hold an individual Master licence of their own.
• Mandatory refusal of licence applications for persons convicted of prescribed offences within the last 10 years.
• Mandatory refusal of licence applications for persons found guilty, with no conviction recorded, of prescribed offences within the last 5 years.
• Operator licences may be issued for a period of 1 or 5 years and Master licences may be issued for 5 years, unless suspended or cancelled by the NSW Police Commissioner; e.g. if the conditions of a licence are not satisfied or the licensee is convicted of a prescribed offence.
• A person's first operator licence is probationary for 1 year and the holder must work under the supervision of a fully licensed operator or master licence holder.
• An Operator licence is a 'photograph' licence, approved by NSW Police and issued by the Roads & Traffic Authority (RTA).
• A Master licence (for businesses) is a certificate style, paper licence, approved and issued by the CAPI Unit, Security Industry Registry, NSW Police.
• All licences are subject to conditions. It is a responsibility of licensees to be familiar with and comply with all conditions.
• Licence fees must accompany all applications. Unsuccessful applications will incur a non-refundable processing fee of $65.00.
• Applicants are required to have their fingerprints taken.
• Completed licence applications are processed centrally by the CAPI Unit, Security Industry Registry, NSW Police.

Who needs a licence?

Operator and Master licences are issued to individuals and businesses respectively in all or any combination of the following CAPI activities:-

Commercial Agent Activities

Process Serving

Authorises the licensee to undertake any activity on behalf of a second person (not being his or her employer), that involves serving legal process in relation to legal proceedings regardless of which jurisdiction the legal proceedings will be held.

Debt Collection

Authorises the Licensee to undertake any activity:

1. on behalf of a second person (not being his or her employee), in the exercise of their rights under a debt owed by a third person,
2. on his or her own behalf in the exercise of rights acquired from a second person (otherwise than in the course of an acquisition or merger of business interests) under a debt owed by a third person,

being an activity that involves finding the third person or requesting, demanding or collecting from them money due under the debt.

Repossession of Goods

Authorises the licensee to undertake any activity on behalf of a second person (not being his or her employer), that involves finding goods held by a third person or requesting, demanding or seizing such goods.

Private Inquiry Agent Activities

Investigation of Persons

Authorises the licensee to undertake any activity on behalf of a second person (not being his or her employer), that involves finding a third person, or investigating a third person’s business or personal affairs.
Surveillance of Persons

Authorises the licensee to undertake any activity on behalf of a second person (not being his or her employer), that involves the surveillance of a third person.

Who is eligible?

To qualify for a licence, you must:

• Be aged over 18 years
• Be an Australian citizen
• Have completed an approved training course, and
• In the opinion of the Commissioner, be a fit and proper person to hold a licence.

What offences will disqualify me from holding a licence?

Mandatory Grounds

In relation to an application for an operator licence:

• Not being an Australian citizen
• An applicant who, in the opinion of the Commissioner, is not a fit and proper person to hold a licence.

An individual who has been convicted or found guilty of a major offence and has been convicted within 10 years before the application was made, in New South Wales or elsewhere, of an offence prescribed by the Act or Regulation.

Or

Found guilty, but with no conviction recorded, within 5 years before the application was made, in New South Wales or elsewhere, of an offence prescribed by the Act or Regulation.

Offences for which an applicant MUST be disqualified include:

• Offences involving violence, fraud, dishonest or theft.
• Offences involving the unlawful possession or use of a firearm or other weapon.
• Offences involving the unlawful possession or use of a drug.
• Offences under Part 2 of the Listening Devices Act 1984.
• Offences under the Telecommunications (Interception) Act 1979.
• Any other offence declared by the Regulation to be a major offence for the purposes of this Act.

Training requirements?

A licensed operator in any combination of the following activities must complete ALL units listed:
• Surveillance or Persons
• Investigation of Persons

Certificate III in Investigative Services
Course No.CPP30607

Unit Number Subject 

Training for CAPI operatives must be conducted by a training organisation that has been registered with the Vocational Education Training Advisory Board (VETAB).

If you possess qualifications and/or experience you would like assessed against the competencies relevant to the Certificate III in Investigative Services, you must apply to an RTO for a ‘Recognition of Prior Learning' (RPL) assessment.

Master licences are not required for private inquiry agent activities; they are only applicable to activities involved with debt collection.

For more information.

CAPI Unit General Enquiries:
Telephone Number: 1300 362 001
Fax Number: 1300 362 066

Postal Address:
CAPI Unit
Locked Bag 5099
Parramatta NSW 2124

Police Web Site:
http://www.police.nsw.gov.au/sir

Email Address:
capi@police.nsw.gov.au

AUSTRALIAN CAPITAL TERRITORY

The ACT does not yet require private investigators to be licensed, however, there are plans in progress toward licensing.

In practice, insurance companies, solicitors and other organisations prefer to deal with licensed private investigators as a professional standard.  It is therefore recommended that a licence be obtained under NSW legislation if you wish to conduct investigations in the ACT.

VICTORIA

What legislation regulates the licensing of investigators?

The legislation that regulates the licensing of private investigators in Victoria is the Private Security Act 2004.

Licensing is administered by the Victoria Police Licensing Services Division.

The Licensing Services Division (LSD) regulates the Private Security Industry and is responsible for:

• Issuing of private security licences and registration .
• Renewal of private security licences and registration.
• Monitoring of private security licence and registration holders.
• Approval of training.
• Accreditation of training organisations.

What is an investigator?

This information applies after the Private Security Act 2004 came into effect on 1 July 2005.

An investigator is also known as an inquiry agent.

An investigator is defined in Section 3 of the Private Security Act 2004 as:

A person who on behalf of any other person is employed or retained –

• To obtain and furnish information as to the personal character or actions of any person or as to the character or nature of the business or occupation of any missing person; or
• To search for missing persons.

Who is eligible?

• Investigator applicants must complete the appropriate training for the activity of investigator .
• Persons can apply for multiple activities under one licence, providing all training competencies are met (ie: investigator and security guard).  A discounted rate applies for multiple activities when applied for at the same time.
• Probity requirements (criminal history check) must be fulfilled. Certain offences prohibit persons from obtaining a licence.
• Conditions may be placed on licences.  Conditions may relate to training, supervision or case-by-case circumstances.

On approval a plastic licence card will be issued detailing all licensed activities and conditions, the supervisory expiry date and the licence expiry date. This card must be carried at all times while working.

Private Security Referee and Character Reference Requirements

Licensing Services Division (LSD) will not accept Character References or References that certify the validity of documents relied upon in an application if they originate from overseas and therefore do not comply with the requirements of the Act and Regulations.  Such references are unacceptable to LSD as they do not comply with legislative provisions and it is not practically possible to verify the information being provided in support of the application.

What offences will disqualify me from holding a licence?

Probity Requirements for Licensing and Registration in the Private Security Industry

The Private Security Act 2004 states that ALL licence and registration categories in the Private Security Industry in Victoria must meet probity requirements.

Probity checks entail:

• a Criminal History Check on application for a licence or registration
• ongoing monitoring of criminal activity throughout the life of the licence or registration

It is a requirement of the Private Security Act 2004 that any:

• licence or registration holder;
• nominated person or office holder of a body corporate; or
• close associate of a business;

Who is charged with a disqualifying offence, particular indictable offence or indictable offence, must notify Victoria Police's Licensing Services Division in writing within 7 days of the offence.  Details must be provided of the alleged offence(s) and he date or place of hearing. It is an offence not to comply with this requirement (Maximum penalty of $2,000).

Probity requirements for licensing:

Probity requirements for licence applicants or holders include the following:

• A Disqualifying Offence relates to all licensing activities (ie: crowd control, security guard, investigator and bodyguard) and cover –

• any offence under Part 5 of the Drugs, Poisons and Controlled Substances Act 1981 involving -
• trafficking in a drug of dependence; or
• cultivation of narcotic plants in a commercial quantity -

within the meaning of that Act; or

• any assault punishable by a term of imprisonment of 6 months or more.

• Disqualifying offences can result in someone being a prohibited person. A Prohibited Person is someone who has been convicted of a disqualifying offence in the past 10 years or has been found guilty (without conviction) of a disqualifying offence in the past 5 years. LSD must refuse to grant a licence if the applicant is a prohibited person. Upon becoming aware that the holder of a licence or registration (or in the case of a body corporate, an officer of the body corporate), is a prohibited person, LSD must cancel the licence immediately.

• A Particular Indictable Offence relates to all licensing activities and covers any indictable offence, other than a disqualifying offence, that in the opinion of LSD makes the person unsuitable to hold a licence.

Probity requirements for registration:

A person who has been convicted of an Indictable Offence in the past 10 years or has been found guilty (without conviction) in the past 5 years of an indictable offence that in the opinion of LSD makes the person unsuitable cannot be granted a registration.

Forms required for investigator licensing:

Under the Private Security Act 2004 persons who hold an inquiry agents licence must apply for a Private Security Individual Operator licence with the activity of investigator attached.

Training requirements?

Persons who held an Inquiry Agent licence and who had already completed Certificate IV in Investigative Services were not required to complete Certificate III in Investigative Services.
 
Persons who had not completed  the Certificate IV in Investigative Services and who held a current Inquiry Agent Licence were required to complete a Certificate III in Investigative Services by 1 March 2006.  Recognition of Prior Learning was incorporated as part of the initial assessment to identify current competencies before the undertaking of this course.
 
Persons who had not held an Inquiry Agent Licence previously must complete the Certificate III in Investigative Services before an Investigator Licence Application will be considered under provisions of the Private Security Act 2004.

For more information.

Private Agents Registry
11th Floor
Flinders Tower
World Trade Centre
637 Flinders Street
Melbourne, VIC, 3005.

Telephone 1300 651 645.

Police Website:
http://www.police.vic.gov.au/content.asp?Document_ID=125

Email address:
licensingservices@police.vic.gov.au

TASMANIA

What legislation regulates the licensing of investigators?

The Security and Investigations Agents Act 2002 (the Act) and the Security and Investigations Agents Regulations 2002 (the Regulations) form the framework for the registration of security and investigations agents in Tasmania.

Licensing is administered by the department of Consumer Affairs and Fair Trading.

Who needs a licence?

Inquiry Agent - Means a person who, holds an agent licence authorising the person to undertake inquiry agent activities.

A person undertakes inquiry agent activities if they do any one or more of the following activities for monetary or other consideration and on behalf of another person:

• obtaining or providing information with respect to-
• the personal character or action of any person; or
• the business or occupation of any person;
• obtaining evidence for the purpose of legal proceedings
• searching for missing persons
• any other prescribed activity

All Agents must be licensed

Individuals
If you intend operating a business as an individual you will need to hold a licence and meet the licensing requirements.

Partnerships

The partnership or business name cannot be the holder of a licence. Licence applicants must be either individual or companies. For example, if you intend operating a business in partnership, each of the partners would need to hold a licence and show that they meet the criteria.

Companies

If you intend operating a security business through a company (body corporate), the company must apply for a licence and nominate a manager for the business.

The Act requires that each person managing or directing a Company undertaking security and investigations agent activities is able to meet the criteria. This does not mean that each Director of the company should in fact be a licensed person, but that each person listed as a Manager or Director will be assessed as if they were applying for a licence.

In every case the Manager of the company will be required to complete an application. An applicant for an Agent Licence (Body Corporate) must hold or have applied for an agent licence with the same functions as those shown on the application form.

Who is eligible?

Employee Licence and Agent Licence (Individual) - If you intend to work as an employee or as an agent you are entitled to be licensed if you:

• are a fit and proper person;
• have attained the age of 18 years;
• have not been convicted of a prescribed offence as outlined under Section 5 of the Act;
• can demonstrate to the Commissioner that you will be actively involved in the activity to be authorised under the licence; and
• are not an undischarged bankrupt or a person who has made any arrangement with creditors that has not been completed (this requirement does not apply to applicants wishing to solely undertake the activities of a Security Guard).

Agent Licence (Body Corporate) - Your company (Body Corporate) is entitled to be licensed if:

• each director is a fit and proper person;
• it is not being wound up and is not under official management or receivership; and
• each director has not been convicted of a prescribed offence as outlined under Section 5 of the Act.

What offences will disqualify me from holding a licence?

You are ineligible to apply for a licence if you have been convicted of one or more indictable offences and sentenced to:

• imprisonment for a term or terms in the aggregate of 3 years or more; or
• a period of detention for 3 years or more under a restriction order made under section 75(1)(e) of the Sentencing Act 1997 or an equivalent order elsewhere.

Ineligibility to apply for a licence extends for a period of 5 years from the completion of the term of imprisonment or period of detention.

Police report

If you are applying to undertake any licensed activity you will be required to provide a National Police Record (full details) on yourself. The document must be dated within the last 30 days. To obtain this certificate you will need to apply to the Tasmania Police Criminal History Service Phone: 03 6230 2929. (This may take up to 3 weeks for Tasmania Police to process.)

Applicants who have been issued a licence, since 1 January 2003 and are reapplying, will not be required to provide a police record.

Qualifications and Experience

In order to qualify for a licence you must have completed the relevant course or courses approved by the Commissioner for Corporate Affairs, or have other qualifications or experience recognised by an approved training provider.  Evidence of your qualifications and experience must be submitted with your licence application.

The only documents that will be accepted for recognition of your qualifications and experience will be:

• a Statement of Attainment from a registered training provider, if you have completed a course; or
• a Certificate of Equivalency from a registered training provider verifying that they have recognised other qualifications and experience that you have, as being the equivalent of the required accredited course.

Training requirements?

The Commissioner for Corporate Affairs has selected the following units of competency as the criteria for meeting the requirements of Section 9 of the Act.

Evidence of completion of the units of competency must be provided within 12 Months of the date of issue of the initial licence.

Licensees who have not provide this evidence prior to the due date for renewal will be ineligible to renew.

Completion of the selected units of competency will not make a licensee eligible for Certificate III in Investigative Services. For more information about the requirements to obtain the qualification please contact one of the Registered Training Organisations listed as delivering this package.

Certificate III in Investigative Services – Mandatory Units
 

CPPSEC3002A                    Manage conflict through negotiation

CPPSEC3009A                    Prepare and present evidence in court

CPPSEC3012A                    Store and protect information

CPPSEC3026A                    Work effectively in investigative services

CPPSEC3027A                    Develop investigative plan

CPPSEC3028A                    Compile investigative report

CPPSEC3029A                    Provide quality investigative services to clients

CPPSEC3030A                    Conduct surveillance

CPPSEC3031A                    Organise and operative surveillance vehicle

CPPSEC3032A                    Gather information by factual investigation

CPPSEC3033A                    Conduct interviews and take statements

CPPSEC3034A                    Operate information gathering equipment

For more information.

Consumer Affairs and Fair Trading
GPO Box 1244,
Hobart, TAS, 7001

Telephone:
1300 65 44 99

Fax:
(03) 6233 4882

E-Mail address:
consumer.affairs@justice.tas.gov.au

Web Address:
www.consumer.tas.gov.au

SOUTH AUSTRALIA

What legislation regulates the licensing of investigators?

The legislation that regulates the licensing of private investigators in South Australia is the Security and Investigation Agents Act (1995).

Private investigators in South Australia hold a Private Agents licence administered by the Office of Consumer & Business Affairs.

Who needs a licence?

Any person (including a company) who carries on business or is employed as a security and/or investigation agent, must be licensed under the Security and Investigation Agents Act 1995.  If a business operates as a partnership, then each partner must hold their own licence.

Individuals

If you intend operating a business as an individual you will need to hold a licence and collectively meet the licensing requirements.
 
Partnerships

If you intend operating a business in partnership, each of the partners needs to hold a licence and show that they collectively meet the criteria.
 
Companies

If you intend operating the business through a company (body corporate), the company must apply for a licence and nominate a manager for the business.
 
The Act requires a licensed company to be properly managed and supervised by a natural person who holds a licence authorising the person to perform those work functions authorised by the company's licence, personally without supervision. This person must be nominated on the licence application.
 
Penalties

If you are trading as a security agent or investigation agent without holding a licence and you are convicted by the courts you may be liable for a penalty of up to $20,000.

If you are in any doubt about how the Act affects you, please seek independent legal advice.
 
Who is eligible?

If you intend to work as an employee you are entitled to hold a licence if you:

• hold the approved qualifications
• are not suspended or disqualified from practising or carrying on an occupation, trade or business
• have not been convicted of an offence listed in Schedule 1 of the Regulations and
• are a fit and proper person.

If you intend to operate a business you are entitled to hold a licence if you:

• hold the approved qualifications (or one of your business partners is qualified);
• have sufficient business knowledge, experience and financial resources (or together your business partnership does)
• are not suspended or disqualified from practising or carrying on an occupation, trade or business
• are not an undischarged bankrupt or have not been subject to a composition or deed or scheme of arrangement with or for the benefit of creditors
• have not, during the period of five years preceding the application for a licence, been a director for a body corporate that has been wound-up for the benefit of creditors
• have not been convicted of an offence listed in Schedule 1 of the Regulations and
• are a fit and proper person.

Your company is entitled to hold a licence if:

• it has not been suspended or disqualified from carrying on an occupation, trade or business
• it is not being wound up and is not under official management or receivership
• it has sufficient financial resources
• together the directors have sufficient business knowledge and experience
• each director is not, in the last five years, a director of a company wound up for the benefit of creditors
• each director has not been suspended or disqualified from carrying on an occupation, trade or business
• each director has not been convicted of an offence listed in Schedule 1 of the Regulations and
• each director is a fit and proper person.

If the Commissioner refuses your licence you can appeal to the District Court within one month from the date of refusal.

What offences will disqualify me from holding a licence?

A person will be prevented from being licensed if they have been convicted of an offence, and:

• a sentence of detention or imprisonment of more than 30 months was imposed in respect of the offence;
or
• the offence was committed by a minor and—
• in the case of a minor dealt with in relation to the offence as an adult—the conviction was within the previous 10 years; or
• in any other case—the conviction was within the previous 5 years; or
• the offence was committed by an adult and the conviction was within the previous 10 years.

This applies to the following offences:

• an indictable offence;
• common assault or an offence of violence;
• an offence against the Controlled Substances Act 1984 involving a prohibited substance or a drug of dependence, other than a simple cannabis offence within the meaning of section 45A of that Act;
• an offence against the Firearms Act 1977, other than an offence against section 15C, 18, 21A, 21AB or 26 of that Act;
• an offence against section 15 or 15A of the Summary Offences Act 1953;
• an offence against the Police Act 1998;
• an offence against the Listening and Surveillance Devices Act 1972;
• an offence against the Telecommunications (Interception) Act 1979 of the Commonwealth;
• an offence against the Act or these regulations or the repealed Commercial and Private Agents Act 1986 or regulations made under that Act;
• an offence substantially similar to any of the above offences against the law of the Commonwealth, another State or a Territory, or a place outside Australia.

A person will also be prevented from being licensed if they have been convicted of an offence within the previous 5 years, being:

• a summary offence against Part 5 of the Criminal Law Consolidation Act 1935;
• an offence substantially similar to the above offence against the law of the Commonwealth, another State or a Territory, or a place outside Australia.

Training requirements?

In order to qualify for a licence you must have had completed the relevant course or courses approved by the Commissioner for Consumer Affairs, or have other qualifications or experience recognised by an approved training provider.  Evidence of your qualifications and experience must then be submitted with your licence application.

The only documents that will be accepted for recognition of your qualifications and experience will be:

• a Statement of Attainment from a registered training provider, if you have completed a course
or
• a Certificate of Equivalency from a registered training provider verifying that they have recognised other qualifications or experience that you have, as being the equivalent of the required accredited course.

For further information.

Office of Consumer and Business Affairs
Commercial & Other Licences
Level 3 Chesser House
91-97 Grenfell Street
Adelaide, SA, 5000.

Postal Address:
GPO Box 1719, Adelaide, SA, 5001.

Telephone:
(08) 8204 9686

Facsimile:
(08) 8204 9697

Web Address:
http://www.ocba.sa.gov.au/licensing/security/index.html

Email Address:
comm.bos@agd.sa.gov.au

WESTERN AUSTRALIA

What legislation regulates the licensing of investigators?

The legislation that regulates the licensing of private investigators in Western Australia is the Security and Related Activities (Control) Act 1996 and Regulations.

Licensing is administered by the Western Australia Police, Police Licensing Services, Licensing Enforcement Division.

The Commercial Agents Unit is responsible for licensing the security/crowd control/investigation industries and has police officers to conduct investigations into those industries.

 Who needs a licence?

People seeking to perform static or mobile guard duties, crowd control or investigative work, must carry the correct licence before they can commence paid employment and must be employed by an appropriately licensed Agent.  Any person who wishes to supply the services of any licensed person must hold the correct Agent Licence.

Two types of licences are available:

• Inquiry Agent - A person who can engage investigators to carry out the investigations, but may not carry out the work themselves unless they are also a licensed investigator.
• Investigator - A person who is engaged by an Inquiry Agent to carry out investigations.

This is a little like the relationship between solicitors and barristers. For further clarification, please contact the Commercial Agents Unit.

Inquiry Agent Licence

If you wish to advertise the supply of products or services defined by the Security and Related Activities (Control) Act or supply the services of any person holding a licence under the Act, then you will need to hold the appropriate Agent licence.

This will authorise you to advertise and supply the services of Investigators. It does not authorise you to work as an Investigator.

Holders of Agent licences are not permitted to perform the duties of the other licence classes (security officer, etc.).  They are only permitted to supply the holders of other licences.  Additionally, Agents have obligations placed on them by the Act to maintain particular records and communicate information to the Commissioner of Police.

Non-Agent Licence - Investigator Licence

If you wish to actually perform the services defined by the Act, then you will need to hold an Investigator Licence.

This licence will authorise you to investigate the conduct of individuals or corporations or the character of individuals, perform surveillance work or investigate missing persons.

Who is eligible?

Criminal history / integrity checks.

Applicants for Licences will be scrutinised in respect to being ‘fit and proper.’ Section 52(c) of the Security and Related Activities (Control) Act 1996.
 
While the Commercial Agents Unit endeavours to process applications as quickly as possible, there are occasions where applications are refused or rejected because the required documents were not supplied.

It is not uncommon for applicants to apply for a licence after completing the required training course only to be refused a licence on the basis that they do not satisfy the criteria of being ‘Fit and Proper’.

The Commercial Agents Unit thoroughly check all applications to establish if a person is ‘Fit and Proper’ to hold licences.  These include:

• Criminal History checks conducted in all jurisdictions of Australia and New Zealand.
• Integrity checks on the applicant (and known associates) are undertaken.

There is no mechanism in place to conduct a suitability check of applicants prior to applying for a licence.

The basis for the issue (or refusal) of a licence is the opinion of the Licensing Officer.  As a basic rule of thumb, ‘recency and relevancy’ of issues relating to character and criminal history are the influencing factors.

Where a person cannot satisfy all criteria when applying for a licence, the application will be refused and the application fees are not refundable.

Consider very carefully, before attending at the Commercial Agents Unit, if there are any issues that may affect the issue of your licence.

Licensing Requirements.

What documents do I need to get a licence?

• 4 x Passport Photo’s
• 2 x character References (see below).
• Identification - Minimum of 100pts ID.
• Letter of Intent from an Employer.
• Relevant Training Certificate.

Character References (Testimonials).

Character references are a legislative requirement. Refer Section 47(c) of the Security and Related Activities (Control) Act 1996.

What will the WA Police accept?

There is debate over the provision of character references and regularly, character references are refused as they lack sufficient detail.  The Licensing process relates to assessing an applicant’s fitness and propriety to hold licences.  The provision of character references is an essential part of that process.
Commercial Agents Unit Staff are required to meticulously scrutinise character references.  Where it is seen as necessary, licensing staff will contact the author of references to determine the accuracy of the contents of the reference.

The Security and Related Activities (Control) Act 1996 [Section 47(c)] stipulates that:

• Testimonials from 2 persons as to the applicants character given not more than 24 months before the application is lodged.
• The Oxford English Dictionary defines Character (in part) as “A detailed report of a persons qualities”

Character reference should:

• Be written by the person whose signature appears on the reference.
• Contain current contact details of the author and display the date written. (He/she may be contacted to verify detail).
• Include the length of time the applicant has been known to them.
• Not be from a family member or serving Police Officer.

Character references have been received in such simple terms as follows:

• Fred Smith is an honest, trustworthy and reliable person.

This is not appropriate and will not be accepted.

The reference should clearly demonstrate that the author has known the applicant for a significant period of time.

Pro forma’s and/or identical references (signed by two separate persons) that have obviously been written by the one person will be scrutinised closely and inquiries may be conducted.
 
Failure to meet these basic requirements will result in the refusal to accept those references and the application being rejected.

Training requirements?

A licence cannot be issued until you have completed a Certificate III in Investigative Services from the PRS03 Asset Security Training Package approved under the Australian National Training Authority Act 1992 (Commonwealth). 

Appointments

As of the 9th of June 2008 all applicants must make an appointment to see a customer service officer regarding license applications.No appointment means no service. This is designed to alleviate problems that have caused delays and frustrations in the past.

Application requirement forms for Australian Security Academy students are contained in a separate WA section of the Work Effectively in the Investigative Services Industry Unit and Work Effectively in The Security Industry Unit for Security Risk Management.

For further information.

Police Licensing Services, Licensing Support Division
297 Hay Street
East Perth, WA, 6004
 
Telephone:
(08) 9231 7199
 
Fax:
(08) 9231 7188

Web Adress:
http://www.police.wa.gov.au/Services/Services.asp?CommercialAgents

NORTHERN TERRITORY

What legislation regulates the licensing of investigators?

The legislation that regulates the licensing of private investigators in Northern Territory is the Private Agents Licensing Act 1979.

Private investigators in Northern Territory hold an Inquiry Agent’s licence administered by the department of Consumer and Business Affairs.

Who needs a licence?

A person must not carry on business as a commercial agent, an inquiry agent, a process server or a private bailiff unless he or she has been issued an appropriate licence.  Operating as a commercial agent, an inquiry agent, process server or private bailiff without a licence may incur a maximum fine of $50,000.

Inquiry Agent

Means a person who, for monetary or other consideration, performs any of the following functions:

• Obtaining or providing information as to the personal character or actions of any person, or as to the business or occupation of any person;
• Obtaining evidence for the purposed of any legal proceedings; or
• Searching for missing persons on behalf of any other person.

Who is eligible?

There are two key requirements to obtaining a licence.  These are:

• the applicant must satisfy the character test, and,
• have sufficient financial and material resources.

Character Test

Applicants (including directors of corporations) must be of good character and not have a criminal history containing, for example; dishonesty, fraud or physical violence offences.
 
The Commissioner of Consumer Affairs will take into account the reputation of the applicants in deciding whether they are fit and proper persons to be granted a licence.

Members of the public have an opportunity to object to the granting of a licence on specific criteria.

Material and Financial Resources

Applicants must satisfy the Commissioner that they have the necessary material and financial resources to effectively carry out business.  This includes the personal or corporate finances of the applicants, any lines of credit and the premises and any equipment that would support the applicants in carrying on the business.

Undertaking a Criminal History Check

Please note applicants for a criminal history check are required to attend a police station to lodge their criminal history check.  The Police will photocopy your identification (drivers licence/ 18+ card, birth certificate/extract or passport) and witness the Authority to Release Criminal History.  The criminal history check can only be witnessed by an authorised officer.  Authorised officers are Northern Territory Police Fire and Emergency Services employees and interstate and overseas Police Officers.
 
The fee for lodging a criminal check is $30 to be paid at the police station.

Please supply a copy of a receipt showing payment of your criminal history check fee when lodging your application.

Key steps in obtaining a Commercial or Private Agent’s Licence.
Determine which type of application is required.  A licence can be granted to either an individual, a partnership, or a corporation.

Obtain the relevant forms being;

• an application for licence form by a corporation (form 1); or
• an application for licence form by an individual (form 2); together with
• an Authority to Release Criminal History form for each corporate director or each individual identified in a form 2 application.

When lodging the completed application, the applicant must provide photographic proof of identity in the form of a current passport or drivers licence for each person covered by an Authority to Release Criminal History form and pay the prescribed fees (as listed above).  If the application is being lodged by post, the applicant should ensure the relevant fees are enclosed, and include a certified true copy of proof of identity for each person associated with the application.

Applicants must place an advertisement in the Northern Territory News (and another local newspaper if available) notifying the public of the application and inviting objections within a period of 14 days.

The Commissioner of Consumer Affairs will only accept applications completed in full.

For further information.

Consumer and Business Affairs

Postal Address:
GPO Box 1722
Darwin, NT, 0801

Telephone:
(08) 8935 7777

Facsimile:
(08) 8935 7779

Website:
http://www.nt.gov.au/justice/graphpages/cba/business/lic_commercial_agents.shtml