Welcome

Interested in entering the industry in Western Australia as a:

• Collector?
• Investigator?
• Process Server?
• Repossession Agent?
  

Collectors

In Western Australia, anyone who carries on the business of, exercises the functions of or in any way holds themselves out to be working as a debt collector or performing any of the functions of a debt collector is required to be licensed as specified under the Debt Collectors Licensing Act 1964.  Conducting business as a debt collector without the appropriate licence is an offence.

The Act defines a debt collector as:

“a person (whether or not he carries on any other business) who on behalf of any other person and for or in expectation of any gain, fee or reward whatever, by whomsoever paid or payable and either on his own account or in conjunction with another, carries on the business of collecting requesting or demanding payment of debts or who advertises or notifies that he carries on that business”

To obtain a licence, you must:

• Be a 'fit and proper person' to hold a licence; and
• Be a person of good character and repute.

Your licence application will be referred to the WA Commissioner for Police who will make enquiries into whether you are a suitable person to hold a licence.

Debt Collectors in Western Australia are required to lodge evidence of holding fidelity guarantee cover of either $10,000 in the case of a corporation or $6,000 in the case of a natural person. The IMA issues bonds (fidelity guarantee cover) pursuant to the WA legislation to its members on commercial terms.

Application forms for an individual licence or a company licence can be downloaded from the Department of Mines, Industry Regulation & Safety website. For further details regarding debt collector licensing in WA contact a licensing officer at the Department on 1300 304 054.

Investigators

Any person (including a company) who carries on business as a Private Inquiry Agent or is employed as a Investigator in Western Australia must be licensed under the Security and Related Activities (Control) Act 1996.

The Act provides the following definitions:

Inquiry Agent is “a person who supplies the services of investigators”.

Investigator is “a person who for remuneration conducts –

• a) investigations into the conduct of individuals or bodies corporate or the character of individuals;
• b) surveillance work in relation to the matters referred to in paragraph (a); or
• c) investigations concerning missing persons.”

Licence application forms are available online.

Process Servers and Repossession Agents

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 as a large amount of such work overlaps with private inquiry and collection work the majority of agents choose to hold a licence under the two Acts.

Interested in entering the industry in Victoria as a:

• Collector?
• Investigator?
• Process Server?
• Repossession Agent?
  

Collectors

Victoria operates with a "negative licensing" scheme for commercial agents in that state.  A licence to be a debt collector is not needed, unless you fall in the category of prohibited persons or corporations, in which case you will need the permission from the Business Licensing Authority to engage in debt collection.

Prohibited persons or corporations

Individuals are prohibited from engaging in debt collection if they:

• are under 18 years of age
• are a represented person within the meaning of the Guardianship and Administration Act 1986
• are an insolvent under administration
• have in the last five years:
  • held a private security licence or registration under the Private Security Act 2004 that was cancelled or suspended
  • been found guilty in Victoria or elsewhere, of an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment of three months or more
  • been found to have been involved in the use of physical force, undue harassment or coercion in contravention of section 12DJ of the Australian Securities and Investments Commission Act 2001 (Commonwealth) or an equivalent provision in an Act of the Commonwealth, or another State or Territory, or in the Australian Consumer Law and Fair Trading Act 2012.

Corporations are prohibited from engaging in debt collection if they:

• are an externally-administered body corporate
• are at least one director who is a prohibited person
• are managed or effectively controlled by a natural person who is a prohibited person
• have, in the preceding five years, been found to have contravened section 53A(2) or 60 of the Trade Practices Act 1974 (Commonwealth) while engaging in debt collection.

Prohibited persons or corporations must apply to the Business Licensing Authority for permission to:

• engage in debt collection
• be a director of a corporation that engages in debt collection
• manage or effectively control a corporation that engages in debt collection.

The permission process is not available to anyone under 18 or a represented person within the meaning of the Guardianship and Administration Act 1986.

Investigators

The relevant licensing legislation is the Victorian Private Security Act 2004 - the industry regulator is the Chief Commissioner of Police (represented by the Licensing Services Division).

Under the Act an Investigator is defined as:

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.

Any person operating as an investigator in Victoria must have a current Private Security Individual Operator licence. Any business providing the services of others who perform such an activity must have a current Private Security Business licence.

For further information contact the Licensing & Regulation Division - Victoria Police on the details below:

Licensing & Regulation Division
Level 4, Tower 3, Victoria Police Centre
637 Flinders Street, Docklands, VIC, 3008
GPO Box 2807, Melbourne, VIC, 3001
Phone: 1300 651 645
Fax: (03) 9247 6485
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Process Servers

Process Servers do not require a licence in Victoria.

Repossession Agents

Repossession Agents do not require a licence in Victoria.

Interested in entering the industry in Tasmania as a:

• Collector?
• Investigator?
• Process Server?
• Repossession Agent?

Persons in Tasmania involved in those occupations must be licensed under the Security and Investigations Agents Act 2002 and Security and Investigations Agents Regulations 2005. The responsible regulatory agency is the Department of Justice - Consumer Building and Occupational Services.

A body corporate can apply for the activities of commercial agent and inquiry agent. An "agent body corporate" licence requires a nominated manager holding a Tasmanian licence with the same functions. Each company manager or director undertaking licensed activities must meet the criteria, however, this does not mean each director should be a licensed person, but each director will be assessed as if they are applying for a licence.

An "agent individual" licence allows the holder to employ staff; to work for himself; to operate his own business; and to work for a business or corporation.

An "employee" licence allows the holder to work for someone who holds an agent individual or an agent body corporate licence.

Part 1 Section 3 of the Act details:

• A commercial agent/sub-agent is licensed to:
  • ascertaining the whereabouts of, or repossessing, a good or chattel that is the subject of a security interest;
  • collect, request or demand payment of debts;
  • execute legal process for the enforcement of a judgment or order of a court;
  • levy distress; and
  • any other prescribed act

• A inquiry agent/sub-agent is licensed to:
  • obtain and furnish information as to
    • the personal character or actions of any person or
    • the business or occupation of any person;
  • obtain evidence for the purpose of any legal proceedings;
  • search for missing persons; and
  • any other prescribed act (refer Part 1 Section 3 of Act).

The legislation provides for competency based qualifications for commercial agents and inquiry agents who apply for full employee and agent individual licences.

Applying for a licence:

• Complete the relevant application form
• Lodge at any Service Tasmania shop with:
  • evidence you have successfully completed all the required training units (this evidence must be attached to the application form)
  • identification documents/evidence (primary and secondary)
  • a National Personal Insolvency Index (bankruptcy report) (for commercial sub-agents only)
  • 2 passport photos witnessed by an adult who has known the applicant for at least 12 months
  • the required fees.

Interested in entering the industry in South Australia as a:

• Collector?
• Investigator?
• Process Server?
• Repossession Agent?

Collectors, Investigators and Repossession Agents

Any person (including a company) in South Australia 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 and Security and Investigation Agents Regulations 2011. If a business operates as a partnership then each partner must hold their own licence.

In SA, you are considered to be acting as an investigation agent if you perform:

• collection work:
  • ascertaining the whereabouts of, or repossessing, goods
  • collecting or requesting the payment of debts
  • executing legal process for the enforcement of a judgement or order of a court
  • executing distress for the recovery of rates, taxes or money
  • searching for missing persons
  • obtaining evidence for the purpose of legal proceedings
• enquiry work:
  • obtaining or providing - without the written consent of a person - information about the person or about the business or occupation of the person
  • obtaining evidence for the purpose of legal proceedings - whether the proceedings have been commenced or are prospective.

Applying for a licence:

1. Application form

Online - complete the application form then print, sign and date it.

Phone - call 131 882 and staff will complete the form and forward it to you to check and sign.

In person - at the Adelaide CBS customer service centre, 91-97 Grenfell St, Adelaide.

2. Lodgement

Lodge the signed application at a CBS customer service centre or by post, along with the specified fees and any supporting documents indicated in your application.

Process Servers

In SA, process servers who serve a writ, summons or other legal process for profit, do not need a licence - however, if you intend to run a business of this type you are required to hold certain qualifications specified in the Security and Investigation Agents Regulations 2011 and should not have been convicted of any crime listed in the regulations.