Federal
No licence
Appoint to investigate based on “appropriate” experience and qualifications
Investigators (primary role) employed by or contracted to Government Departments, Authorities, Agencies must hold the Certificate IV in Government Investigations
ACT
No licence
Has “security” licences
No PI licence
No commercial agents licences
No qualifications required for PI CA
Victoria
Private Security Act 2004
Security guard
Crowd controller
Body Guards
Investigators
Investigator : A person who on behalf of another 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 person or alternatively be employed to search for missing persons.
Trainers
Private security trainer:
(a) a person engaged by a registered education and training organisation to provide or assess private security training; or
(b) a registered education and training organisation that provides or assesses private security training;
Private Security Business
Security Business: the business of providing the services of other persons to carry on any one or more activities as specified:
- acting as an investigator; or
- acting as a bodyguard; or
- acting as a crowd controller; or
- acting as a security guard; or
- acting as a private security trainer.
RTO
Under Private Security Regulations: All individual trainers engaged by a licensed RTO for security licensing purposes must hold a Private Security Individual Operator Licence in the activity of "trainer".
Must hold Certificate III in Investigative Services for PI
NSW
Security Industry Act 1997
Security licensing
Security guard, Crowd controller , Body Guards etc
Commercial Agents and Private Inquiry Agent Act 2004
Commercial Agent Licensing
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.
Must hold Certificate III in Financial Services
Private Inquiry Agent Licencing
Private Inquiry Agents:
Investigation of persons
Surveillance of persons
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.
Must hold Certificate III in Investigative Services
Classes of Licence
Master Licence
Master licences are required for any business that engages in CAPI activities including Process Serving, Debt Collection, Repossession of Goods, Surveillance of Persons and Investigation of Persons.
This Master licence authorises the licensee to carry on CAPI business activities ONLY in the activity to which the licence relates.
- Class 1 - employing nil licensed operators (individual or corporation owner/operator) - contractor
- - in the industry this is sometimes called a Master- Operator licence or Individual Master licence
- Class 2 - employing 1 to 10 licensed operators
- Class 3 - employing more than 10 licensed operators
Operator
Operator licences are required for any person that engages in Commercial Agent and/or Private Inquiry Agent (CAPI) activities including Process Serving, Debt Collection, Repossession of Goods, Surveillance of Persons and Investigation of Persons.
Licensees must be employed by the holder of a Master licence (not subcontracting), or hold an Individual Master licence themselves
Certificate III in Investigative Services
Probationary
A person's first operator licence (probationary licence) and any subsequent probationary licences, are issued subject to a condition that the licensee may carry out the activities authorised by the licence only under the immediate supervision of the holder of a Master licence or the holder of an unrestricted operator licence. 12 months
Certificate III in Investigative Services
QLD
Commercial Agents Licencing
Property Agents and Motor Dealers Act, 2000
(1) A commercial agent's licence authorises the holder of the licence ("commercial agent") to perform the following activities as an agent for others for reward--
(a) to find, or repossess, for a person any goods or chattels that the person is entitled to repossess under an agreement;
(b) to collect, or request payment of, debts;
(c) to serve any writ, claim, application, summons or other process.
(2) A commercial agent may perform the activities in the carrying on of a business, either alone or with others, or as an employee of someone else.
Security Licensing
Security Providers Act 1993
Security - Security Guards Crowd Controller Body Guards Investigators etc (Manpower) Class 1 Security Adviser, Security Installer (Technical) Class 2
Private Investigator (Manpower) Class 1
(1) A private investigator is a person who, for reward -
(a) obtains and gives private information about another person, without the other person’s express consent; or
(b) carries out surveillance for obtaining private information about another person, without the other person’s express consent; or
(c) investigates the disappearance of a missing person.
Note a licence as a private investigator under the legislation can only be issued to an individual not to a company or business name.
It should be noted those actually in the business of supplying private investigators are required under the Security Providers Act 1993 to be licensed as a "security firm"
Security Firm Class 1 Licence
A security firm is a person who, or partnership that, engages in the business of supplying, for reward, security firm services to other persons.
Licences for security firms can be issued to individuals, partnerships and corporations.
Restricted licenses
You can apply for a restricted licence. This will let you finish your training as you work, as long as you’re supervised by a fully licensed provider.
A restricted licence only lasts for a term of 6 months. Before this time expires, you must:
- complete the training requirements Certificate III in Investigative Services
- apply for an unrestricted licence.
Approved Industry Association
All security firms in Queensland must join an approved industry association. Approval criteria at https://www.qld.gov.au/law/laws-regulated-industries-and-accountability/queensland-laws-and-regulations/regulated-industries-and-licensing/regulated-industries-licensing-and-legislation/security-industry-regulation/get-a-security-licence/security-firm-or-association-licence/apply-to-be-an-approved-security-industry-association/
NT
Security
Private Security Act
Security Guards, Crowd controllers, security firms
Commercial Agents
Commercial and Private Agents Act
There are four different categories of licences issued under the Commercial and Private Agents Licensing Act.
Agents may be natural persons OR corporations
If a Corporation there must be an approved Manager (who also needs to hold the applicable licence)
Debt collector
Process server
Private bailiff
Inquiry agent
Commercial agent: means a person who, for monetary or other consideration, performs any of the following functions:
- ascertaining the whereabouts of, or repossessing any goods or chattels that are the subject of a hire purchase agreement or bill of sale
- collecting, or requesting the payment of debts
- executing any legal process for the enforcement of any judgment or order of a court
- executing any distress for the recovery of rates, taxes or monies
- obtaining evidence for the purpose of any legal proceedings
- searching for missing persons on behalf of any other person
Process server; means a person who, for monetary or other consideration, performs the function of serving any writ, summons or other legal process on behalf of any other person.
Private bailiff: means a person who holds a licence as a private bailiff under this Act. A private bailiff can execute warrants and processes and make arrests.
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
- searching for missing persons on behalf of any other person.
WA
Non-Agent Licences
Debt collector
Debt Collectors Licensing Act 1964
A Debt Collector in Western Australia means a person (whether or not he carries on any other business) who on behalf of any other and for or in expectation of any gain, fee or reward whatever, carries on the business of collecting, requesting or demanding payment of debts.
Any person (including a company) who carries on business or is employed as a Debt Collector, must be licensed under the Debt Collectors Licensing Act 1964.
Repossession Agents and Process Servers
People wishing to be employed in either of these fields in Western Australia are not required to be licensed under either the Debt Collectors Licensing Act 1964 or the Security and Related Activities (Control) Act 1996, however since a large amount of such work overlaps with private inquiry and collection work the majority of agents choose to take a formal licence under the 2 Acts.
Security and Related Activities (Control) Act
The Act provides for the licensing of persons engaged in property protection, investigation or surveillance and crowd control each of which are defined as follows:
Agent Licenses (Firm / Business / Provider)
You must hold the appropriate licence to perform the services defined by the Security and Related Activities (Control) Act.Security Officer Licence Security Bodyguard Licence Crowd Controller Licence Security Consultant Licence Security Installer Licence
Investigator Licence This licence authorises you to investigate the conduct of individuals or corporations or the character of individuals, perform surveillance work or investigate missing persons. Training requirements Certificate III in Investigative Services plus pass an exam
You must hold the appropriate Agent licence if you intend to advertise the supply of products or services defined by the Security and Related Activities (Control) Act, or to supply the services of any person holding a licence under the Act.
Holders of Agent licences are not permitted to perform the duties of the other licence classes. They are only permitted to supply the services of the holders of other licences.
Security Agent Licence
This licence authorises you to advertise and supply the services of Security Officers, Security Bodyguards, Security Consultants or Security Installers. It does not authorise you to work as a Security Officer, Security Bodyguard, Security Consultant or Security Installer.
Crowd Control Agent Licence
This licence authorises you to advertise and supply the services of Crowd Controllers. It does not authorise you to work as a Crowd Controller
Inquiry Agent Licence
This licence authorises you to advertise and supply the services of Investigators. It does not authorise you to work as an Investigator.
RTO
RTO approval
If the training provider is not listed as approved your training qualifications might not be accepted.
SA
Security and Investigation Industry Act 1995
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 Industry Act 1995.
If a business operates as a partnership then each partner must hold their own licence.
In the case of the licensed agent being a company, the Act requires the business to be properly managed and supervised by a natural person who is licensed as an agent to personally perform the work functions authorised on the company’s licence without supervision.
Security Agents
Crowd or venue control, body guarding, general guarding, etc including a separate licence for Security Training
Investigation Agents
Employees
If you wish to perform the functions of an investigation agent as listed below, you must hold an Investigation Agents Licence
You are considered to be acting as an investigation agent if you perform one or more of the following work functions:
Collection work associated with:
ascertaining the whereabouts of or repossessing goods that are subject to a security interest
collecting or requesting the payment of debts
executing legal process for the enforcement of a judgement or order of a court; and
executing distress for the recovery of rates, taxes or money
requires Certificate III in Financial Services
Inquiry work associated with:
obtaining or providing (without the written consent of a person) information about the personal character or actions of the person or about the business or occupation of the person
searching for missing persons; and
obtaining evidence for the purpose of legal proceedings (whether the proceedings have been commenced or are prospective).
Requires Certificate III in Investigative services
Business
If you wish to contract for investigation work as defined below, you must hold an Investigation Agents Licence.
You are entitled to be licensed as an investigation agent (business condition) if you meet the following criteria.
Individuals (including partners in a partnership)
§ You hold or are applying to hold a licence which allows you to personally perform the functions of an § You are not an insolvent under administration (e.g. bankrupt) within the meaning of the Corporations Act 2001 of the Commonwealth § You are not suspended or disqualified from practicing or carrying on an occupation, trade or business under Australian law § During the last 5 years you have not been a director of a body corporate wound up for the benefit of creditors either when it was being wound up or within 6 months before it commenced winding up. § You have sufficient business knowledge and experience to properly carry on the business to be authorised by the licence § You have sufficient financial resources § You have not been convicted of a Prescribed Offence (refer to the Prescribed Offence guideline for more information) § You are a fit and proper person If you do not have the required qualifications, business knowledge or financial resources, you may be eligible for a licence restricted to carrying on business in partnership with a specified licensee.
Body corporate
All partners in a partnership must hold their own licence, even if they do not personally perform the functions of an investigation agent. If the business is conducted by a body corporate (e.g. a company) it must hold its own licence; it is not covered by a licence held by one of the directors or shareholders.
§ The body corporate and each of its directors are not suspended or disqualified from practicing or carrying on an occupation, trade or business under Australian law § It is not being wound up and is not under official management or receivership § During the last 5 years no director has been a director of a body corporate wound up for the benefit of creditors either when it was being wound up or within 6 months before it commenced winding up § The directors have sufficient business knowledge and experience to properly direct the business to be authorised by the licence § No director has been convicted of a Prescribed Offence (refer to the Prescribed Offence guideline for more information) § Each director is a fit and proper person § The body corporate has sufficient financial resources
Process servers
Are now negatively licensed. This means that a licence is no longer required to practice this occupation. However, if you intend to run a business or employ someone to perform this type of work you (and your employee) must not have been found guilty or convicted of a prescribed offence.
TAS
The Security and Investigations Agents Act 2002 provides for the licensing and control of Security Agents, Commercial Agents, Inquiry Agents, and Crowd Control Agents.
An employee with the appropriate training can apply for the following activities and work under an employer who has the activity endorsed on their licence:
- crowd control
- security general guarding
- security guarding with dog
- security guarding with firearm
- bodyguard
- monitoring room operator
- commercial sub-agent
An agent can apply for the following licences:
- crowd control
- security general guarding
- security guarding with dog
- security guarding with firearm
- bodyguard
- monitoring room operator
- commercial agent
- inquiry agent
- crowd control
- security general guarding
- security guarding with dog
- security guarding with firearm
- bodyguard
- monitoring room operator
- commercial agent
- inquiry agent
Agent Licence
An Agent Body Corporate licence is valid for 3 years and requires the following:
- a nominated manager who holds a Tasmanian licence which has the same functions as those the company requires; and
- each company manager or director undertaking licensed activities must meet the criteria. This does not mean each director of the company should be a licensed person, however each person listed as a director will be assessed as if they are applying for a licence.
Agent Individual Licence
An Agent individual licence is valid for 3 years and allows you to:
- employ staff
- work for yourself
- operate your own business
- work for a business or company
Employee Licence
An Employee Licence is valid for either a 1 or 3 year period and allows you to work for someone who holds an agent individual or an agent body corporate licence.
Provisional employee
Agent individual
No training requirement
Trainer
The licence for Trainer is no longer required (Ceased 01 September 2015)