Terms of Reference - CAPI Act Review

OBJECTIVE

• To consider the nature of the Commercial Agents and Private Inquiry Agents (CAPI) industry;
• To set appropriate objectives for the Commercial Agents and Private Inquiry Agents Act 2004 ('the CAPI Act');
• To review the present capacity of the legislation to achieve these objectives;
• To identify the most effective arrangements for the provision of a long-term legislative framework for the CAPI industry in NSW.

THE TASK

The CAPI Act provides the licensing or approval requirements for commercial agent and private inquiry agent activities in NSW.

The overriding intent of the CAPI Act is to protect the public from persons of undesirable character carrying on the business of a commercial agent or a private inquiry agent and to ensure that the public is served not only by commercial agents and private inquiry agents of integrity, honesty, ethics and good character but also competent persons with a proven skill to provide professional service.

The nature of the CAPI industry has changed considerably in the past few years. For example, the field of debt collection has become increasingly portable, resulting in a large number of overseas and/or interstate-based agencies collecting in NSW.

In view of the rapidly changing nature of the industry and the challenges facing both regulator and operator, the review is to identify the most appropriate legislative and regulatory arrangements for the commercial agents and private inquiry agents industry in NSW in order to ensure that these agents are fairly regulated and consumers are adequately protected.

In considering the merits of any new legislative and regulatory arrangements, the review should take into account:

• An environmental scan of the CAPI industry;
• The impact of any changes on the CAPI industry;
• Alternative legislative and regulatory frameworks in other jurisdictions;
• Whether the NSW Police Force should continue to be the regulator of the CAPI industry;
• The future role of the NSW Government in further improving the nature of the industry; and
• If a national model would be more beneficial to NSW.

The closing date for submissions is Friday 20 June 2008. All submissions should be addressed to: