Introduction to the CAPI Legislation | Blog

21st October 2014

The performance of Commercial Agents & Private Inquiry Agents (CAPI) activities in New South Wales is governed by theCommercial 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 and Maritime Services.
• A Master licence (for businesses) is a certificate style, paper licence, approved and issued by the Security Licensing & Enforcement Directorate, 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 $80.00.
• Completed licence applications are processed centrally by the Security Licensing & Enforcement Directorate, NSW Police.

From: http://www.police.nsw.gov.au/services/security_licensing_and_enforcement_directorate/commercial_and_private_inquiry_agents_capi/introduction_to_the_capi_legislation