Interested in entering the industry in New South Wales as a:
- Collector?
- Investigator?
- Process Server?
- Repossession Agent?
Collectors, Process Servers and Repossession Agents
From 1 July 2022, NSW Fair Trading is responsible for the regulation of commercial agent activity in NSW and the issue of commercial agent licences. These responsibilities are pursuant to the Fair Trading Act 1987 under Part 5 – Regulation of Commercial Agents.
Commercial agent activity is defined under the Act as any of the following activities:
(a) debt collection, which is—
(i) any activity carried out by a person on behalf of a second person (not being his or her employer) in the exercise of the second person’s rights under a debt owed by a third person, or
(ii) any activity carried out by a person 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 the third person money due under the debt,
(b) process serving, which is any activity carried out by a person on behalf of a second person (not being his or her employer), being an activity that involves serving legal process on a third person in relation to legal proceedings to which the second and third persons are, or are intended to be, parties, regardless of which jurisdiction the legal proceedings are, or are intended to be, held in,
(c) repossession of goods, which is any activity carried out by a person on behalf of a second person (not being his or her employer), being an activity that involves finding goods held by a third person or requesting, demanding or seizing such goods.
Only agents who have face-to-face contact with customers when performing their work as commercial agents are required to hold a commercial agent licence and are called ‘field agents’.
Field agents approach a person and/or visit the place they live, work, own or attend to collect debts, repossess goods or serve legal documents.
A commercial agent licence is also required if you employ field agents.
Commercial agents who are not field agents do not need to hold a licence but must not be disqualified under the Act from undertaking commercial agent work. A person or corporation can be disqualified if:
- the person is under 18 years of age
- the person is an undischarged bankrupt or is taking advantage of bankruptcy laws
- a corporation is the subject of a winding-up order or similar
- the person has been convicted of a relevant offence
- there is an exclusion order against that person
- the person is a member of a criminal organisation
All commercial agents whether or not they are required to hold a licence must adhere to the commercial agent rules (refer s60K of the Act), which establish standards of conduct for the industry.
Under the current licensing regime there is no prerequisite training requirement for a NSW commercial agent licence.
For more information and to apply for licences visit the Fair Trading NSW website.
Investigators
Investigators in NSW are licensed pursuant to the Security Industry Act 1997 which defines a private investigator as a person who is employed or engaged for the purposes of either or both of the following:
(a) the investigation of persons, being any activity carried out by a person 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,
(b) the surveillance of persons, being any activity carried out by a person on behalf of a second person (not being his or her employer) that involves the surveillance of a third person.
Private inquiry agents are now known as private investigators and are regulated by the Security Licensing Enforcement Directorate (SLED) under the Security Industry Act 1997. Private investigators require a Class 2E (Private Investigator) security operative licence to carry on investigation or surveillance activities, or a Master security licence to carry on business in either or both of activities.
To be eligible for a Class 2E security licence, an applicant must have completed CPP30619 Certificate III in Investigative Services, and must provide their qualifications within 42 days of lodging their application.
A Master security licence authorises the holder to provide a specified number of licensed operatives on any one day to carry on security activities.
For more information and to apply for licences visit the SLED website.