Introduction to the CAPI Legislation

The performance of Commercial Agents & Private Inquiry Agents (CAPI) activities in New South Wales is governed by the Commercial 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.