Welcome
Interested in entering the industry in Queensland as a:
- Collector?
- Investigator?
- Process Server?
- Repossession Agent?
Collectors, Process Servers and Repossession Agents
Persons in Queensland working as a collector, process server or repossession agent since December 2014 have been regulated under the Debt Collectors (Field Agents and Collection Agents) Act, 2014 and the Debt Collectors (Field Agents and Collection Agents) Regulation 2014.
Under this regulatory regime, a collection agent does not need a licence or registration to be able to contact a debtor in writing or over the phone to collect debts and request payment of debts. Collection agents typically work in high-volume call centres and do not have face-to-face contact with a debtor.
Although a licence is not required an individual must not work as a collection agent unless meeting all the criteria set out in the Regulations, namely:
- Not be under 18 years old
- Not be an insolvent under administration
- Not have been disqualified from working in the debt collection industry
- Not currently suspended as a field agent or subagent
- If convicted in the past 5 years of a serious offence – being anything that is punishable by 3 or more years in prison, including:
- violent offences (including threats to use violence)
- fraud and dishonesty
- drug trafficking
- extortion
- arson
- unlawful stalking
- an offence of a sexual nature
A corporation must not work as a collection agent if:
- Any director or executive officer fails the individual requirements (as listed above)
- It has been disqualified from working in the debt collection industry
- It is currently suspended as a corporate field agent
- It has had its licence cancelled
A licence is required under the regulatory regime to work as a field agent to undertake the following activities:
- find and recover goods (repossession)
- collect debts face-to-face
- serve documents (process serving)
To be eligible for a field agent licence, you must be 18 years or over and meet suitability criteria namely:
- Not be an insolvent under administration
- Not be currently disqualified from holding a licence or registration certificate
- Not have been convicted within the past 5 years of a serious offence (as listed earlier above)
The licensing regulator will consider whether an applicant for a field agent licence:
- Has a criminal history
- Has been an executive officer of a corporation that has gone insolvent
- Was the cause of a successful claim fund action
- Is subject to a court or tribunal order due to involvement as a marketeer
- Has been previously disqualified from holding a licence or registration certificate
- Is disqualified from being a company director
- Is incapable of satisfactorily doing the job of a licensee
- Is unsuitable because of the applicant’s character or the character of the applicant’s business associates
- Is allowed to work in Australia.
A corporation carrying on the business of being a field agent must have a valid licence to work as a field agent. The personnel of a corporation must have individual licences if they are:
- Directors of the company and carry out the work of a field agent (a director does not need a licence if they don't act as a field agent.)
- The officer in charge of regulated business.
To be eligible for a licence, a corporation must have an individual licensee in charge of the regulated business. An applicant will not be a suitable company if:
- Currently disqualified from holding a licence
- Having been convicted of a serious offence (as listed earlier above) within the past 5 years
- Having an unsuitable director or executive officer.
An applicant will not be a suitable company if any director or executive officer:
- Is insolvent under administration
- Has been convicted of a serious offence within the past 5 years
The licensing regulator will consider whether any director or executive officer of an applicant corporation:
- Has a criminal history
- Has been an executive officer of a corporation, which was previously licensed, that has gone insolvent
- Was the subject of a successful claim fund action
- Has been cancelled or suspended from holding a licence or registration certificate
- Has been previously disqualified from holding a licence or registration certificate
- Is disqualified from being a company director
- Have previously been an insolvent under administration
- Is unsuitable because of their character or the character of their business associates
- Is not allowed to work in Australia
An individual may apply for registration as a subagent to work for a field agent and will be required to meet similar eligibility and suitability criteria to that detailed above for applicants to be a field agent.
Under the Act, there is no requirement that applicants for a licence or registration have any experience nor required to meet any minimum educational requirements. Licence and registration applications are available from the Queensland Office of Fair Trading.
Investigators
Investigators in Queensland are licensed pursuant to Security Providers Act 1993. A private investigator can be hired to:
- find out private information about a person without their permission
- carry out surveillance to gather information about that person
- investigate the case of a missing person
To become licensed, an individual applicant must:
- meet the eligibility criteria
- complete training and attach proof of qualifications
- fill out and lodge an application form
To be eligible for a licence, an individual applicant must:
- be 18 years or older
- not pose a risk to public safety
- pass the required training course
An applicant will not be eligible for a licence if the individual has been convicted of a disqualifying offence in the past 10 years, where a conviction was recorded. An applicant must also inform the licensing regulator if found guilty of a disqualifying offence in the preceding 5 years, where a conviction was not recorded.
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":
"8 What is a security firm"
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 using this application form.
The Act requires a security firm to have a nominee who is responsible for the conduct of the business of a security firm and is required to complete and sign all documents required under the Act or Regulations. The nominee is also responsible for ensuring that the security firm complies with the Act.
Where the applicant is an individual, the applicant is considered to be the nominee. The Regulations require that where an application for a security firm is made by a partnership, one of the partners must be appointed as the nominee. Where the applicant is a corporation, an officer of the corporation must be appointed as the nominee.
The Act also requires security firms to be a member of an Approved Security Industry Association - the Institute of Mercantile Agents is an Approved Security Industry Association pursuant to the ACT.
For more information visit the Queensland Office of Fair Trading website.
Interested in entering the industry in the Northern Territory as a:
- Collector?
- Investigator?
- Process Server?
- Repossession Agent?
- Private Bailiff?
Persons in the Northern Territory involved in those occupations must be licensed under the Commercial and Private Agents Licensing Act 1979. Under such Act:
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; or
- searching for missing persons on behalf of any other person.
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.
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.
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.
The legislation sets out the requirements for applicants for licences at Part 2 Division 2 Section 7 of the Commercial and Private Agents Licensing Act:
"Section 7 Application for Licences"
Application for licence
- A person may apply to the Commissioner for a licence to carry on business as a commercial agent, inquiry agent, private bailiff or process server.
- An applicant may be -
- an agent applying for a category of licence other than the category the agent holds; or
- a person who is employed by an agent; or
- any other person.
- An applicant may apply for one licence or a number of licences of different categories.
- An application is to -
- be in a form approved by the Commissioner; and
- specify a licence period of 3 or 5 years; and
- contain the information that is indicated by the form or otherwise prescribed; and
- be accompanied by the prescribed processing fee.
Click here for more information and to access application forms for an NT licence.
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.
Interested in entering the industry in the Australian Capital Territory as a:
- Collector?
- Investigator?
- Process Server?
- Repossession Agent?
There is no licensing regulation for these occupations in the ACT. A number of ACT governments have worked on and considered various licensing models to adopt but to date none have been enacted as legislation.
This absence of licensing is widely regarded by industry practitioners in the ACT as deeply regrettable. ACT practitioners in their desire to demonstrate their commitment to proper regulation of their activities choose to maintain licences issued pursuant to the NSW industry legislation.
Since 1 May 2006 persons in NSW involved in these occupations have been licensed under the Commercial Agents & Private Inquiry Agents Act 2004 (CAPI Act) which is governed by the Security Licensing and Enforcement Directorate - NSW Police Force. This regulatory regime is soon to change with the NSW Government introducing the Security Industry Amendment (Private Investigators) Bill 2016 which was passed without amendment in the Legislative Assembly and Legislative Council on 10 August 2016.
This Bill will remove the regulation of private investigators from the CAPI Act and provides for them to be licensed under the NSW Security Industry Act 1997. The NSW Government is expected to introduce a further standalone bill to regulate commercial agents and to repeal the CAPI Act – such bill is expected to move oversight of commercial agents away from the Police to the Office of Fair Trading. The Security Industry Amendment (Private Investigators) Bill 2016 and the future bill for commercial agents will commence at the same time on a date yet to be proclaimed.
Currently, under the CAPI Act licences are placed into two groups:
- Operator licences for Agents (employees); and
- Master licences for Businesses (employers)
Holders of Operator licences must be employed by the holder of a Master licence (not subcontracting), or hold an Individual Master licence themselves.
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 and the holder must work under the immediate 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 & Marine Services (RMS).
A Master licence (for businesses) is a certificate style, paper licence, approved and issued by the CAPI Unit, Security Licensing & Enforcement Directorate - NSW Police Force (SLED).
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 incur a non-refundable processing fee. Completed licence applications are processed centrally by the CAPI Unit at SLED which can be contacted as follows:
Security Licensing and Enforcement Directorate, Locked Bag 5099, Parramatta NSW 2124
Phone: 1300 362 001 8:30am to 4:30pm Monday to Friday (excluding public holidays)
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Fax: 1300 362 066
SLED does not have facility for personal lodgement - applications and payments will only be accepted by post. For further information see www.police.nsw.gov.au/online_services/security_licensing_and_enforcement_directorate.
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- Celebrities, online sleuths and private detective join search for Broadway star after mystery disappearance - The New Daily
- ‘They are ruining my life’: how the shadowy world of debt collection can wreck your finances - The Guardian
- ‘Last resort’ home repossessions on track for decade high in NSW as households hit financial cliff - The Guardian Australia
- 23 of the Wildest Ways Process Servers Tracked Someone Down - Cracked.com