CAPI NEW APPLICATION

Q. Am I eligible to apply for a CAPI licence in NSW?

A. If you wish to apply for a NSW CAPI licence, you must:

  • be 18 years of age or over
  • be a fit and proper person to hold the class of licence sought
  • be an Australian citizen, permanent Australian resident or hold a Visa that entitles you to work in Australia.

Q. What offences will disqualify me from holding a licence?

A. The following offences are grounds for mandatory refusal of an application for a CAPI licence (including a CAPI Master licence).

If the applicant (or close associate in the case of a Master Licence) was convicted within the last ten years or found guilty (with no conviction recorded) within the last 5 years of:

  • offences involving violence, fraud, dishonesty or theft, being an offence punishable by imprisonment
  • offences involving the unlawful possession or use of a firearm or other weapon
  • offences involving the unlawful possession or use of a drug
  • offences under Part 2 of the Surveillance Devices Act 2007, or under corresponding provisions of the law of the Commonwealth or of another State or Territory
  • offences under the Telecommunications (Interception) Act 1979 of the Commonwealth.


In the case of a Master licence, an application may also be refused if the applicant, Close Associate or company named on the application has been found guilty of any of the above offences.

For more information, refer to clause 5 of the Commercial Agents and Private Inquiry Agents Regulation 2017 and sections 4, 7 and 13 of the Commercial Agents and Private Inquiry Agents Act 2004.

Q. How can I get an application form for a new licence?

A. To obtain an application, you can either:

  • Download the relevant application form (and 'Schedule of Fees') from the Application Forms webpage
  • Call the SLED on 1300 362 001 between 8:30am - 4:30pm, Monday to Friday to have the application form (and 'Schedule of Fees') posted to you.

Q. I want to talk to someone personally about my application. Where do I go?

A. Applicants can contact the SLED on 1300 362 001, 8:30am - 4:30pm Monday to Friday, by fax 1300 362 066 or email sled@police.nsw.gov.au

As the SLED does not have a counter service, applications and payments are only be accepted by post.

Q. What happens if I send my application form without all of the relevant information or certified copies of documents?

A. Incomplete applications will not be accepted and will be returned. The SLED will not commence processing of your application until it is fully completed and accompanied by the correct fee. It is your responsibility to ensure you have provided all necessary information set out in the checklist of your application form.

Q. What documents do I need to provide to prove that I am an Australian citizen/permanent Australian resident/holder of a visa that entitles me to work in Australia?

A. When you submit your application, you must include a certified copy of ONE of the following:

  • full Australian birth certificate (Extracts and Commemorative certificates are NOT acceptable)
  • certificate of Australian Citizenship
  • Australian passport (or an acceptable Australian travel document)
  • non-Australian passport and visa pages (clearly showing name, date of birth, photograph, passport number, expiry date, country of issue and relevant visa).


Note: If the name on your evidence of permanent residency document is different to your current name, you must provide an original certified copy of acceptable documentary evidence of your change of name.

Q. What is an acceptable change of name document?

A. Acceptable change of name documents must show a clear link between each of your names. Acceptable documents are limited to certified copies of the following:

  • marriage certificate(s) issued by the NSW Registry of Births, Deaths & Marriages or, if you were married elsewhere within Australia, a certified copy of the marriage certificate issued by the celebrant or church
  • change of name certificate issued by the NSW Registry of Births, Deaths & Marriages
  • full birth certificate from an Australian Registry of Births, Deaths and Marriages showing your name at birth and your new name (Extracts and Commemorative certificates are NOT acceptable)
  • divorce decree showing both names
  • deed poll registered with the relevant authority
  • instrument evidencing change of name form registered in the Land Titles Office.

Q. What documents need to be certified?

A. When providing ANY of the following documents, only original certified copies will be accepted:

  • Australian citizenship/ permanent Australian residency documents / evidence that you hold a Visa that entitles you to work in Australia
  • training qualifications
  • change of name document
  • any documents submitted with your application.

Q. Why must I submit original certified copies?

A. You should always retain your original documents for safe keeping. However, as you are required to provide documentary evidence of proof of identity in support of your application, an original certified copy of the original document is required.

Q. How do I obtain certified copies?

A. When having documents certified, you should:

  • take a CLEAR photocopy of all documents, ensuring the details on the copy are easily visible
  • take the photocopies AND the original documents to an Authorised Person
  • have the Authorised Person compare the copy against the original
  • the Authorised Person must certify EVERY photocopied page. If you have photocopied documents on BOTH sides of a page, BOTH sides MUST be certified
  • once all photocopied documents are certified, submit ONLY the certified copies.


Note: Photocopies of certified documents will not be accepted.

Q. Who can certify documents? (i.e. an Authorised Person)

A. Documents must be certified by a Justice of the Peace.

The person certifying the documents must:

  • compare the original document to the copy of the document to be submitted and ensure it is identical
  • write (or stamp) on the copy "I certify this to be a true copy of the original document sighted by me"
  • sign the statement
  • print the following details:
    • date certified
    • name
    • contact telephone number
    • profession or occupation
    • registration number and the State in which they are registered.

Q. Do I have to get my fingerprints taken for a CAPI operator or Master licence?

A. Yes. It is a requirement that fingerprints are taken before a licence is issued. If you have previously had your fingerprints taken in connection with a CAPI or security licence in NSW, you will not need to have them taken again.

Corporation Master licence or Mutual Recognition applicants are not required to be fingerprinted.

Further information in relation to the fingerprinting procedure will be provided to you once your application has been received by the SLED. You must take the SLED issued fingerprint letter with you when having your fingerprints taken.

Q. Is there a fingerprint fee?

A. No. The cost of fingerprinting is included in the licence application fee.

Q. What will happen to my licence fee if I withdraw my application?

A. If a licence application is withdrawn prior to the licence being approved, the SLED will retain a non-refundable administration fee. This fee varies depending on the type of application submitted. The remainder of the licence fee will be refunded.

Further details on the non-refundable processing fee can be found in the 'Schedule of Fees' on the Application Forms webpage.

However, once a licence has been issued there is no provision under the Commercial Agents and Private Inquiry Agents Act 2004 for the refund of any fees paid.

Q. How long after I send in my application will I get my licence?

A. If you have correctly completed your application form and there is no criminal history recorded against you, you may expect to receive your 'Photograph Advice' letter within approximately six weeks of having your fingerprints taken.

If there is a requirement for further assessment or information, or if you are an ex-police officer, delays may be experienced.

Q. What happens after I receive the Photograph Advice (PA) letter?

A. When you receive your PA letter, you must take it to a Roads and Maritime Services (RMS) Registry or agency or Service NSW Centre along with suitable ID to have your photograph taken.

In instances where the photo licence card is not printed on the spot, you can expect to receive it in the mail within 10 business days.

As stated in your PA letter, your licence is granted subject to the condition that you personally attend a RMS Registry or agency or Service NSW Centre before the final date of acceptance to have your photograph taken. You cannot be issued with a photo licence-card after that date. If you do not have your photograph taken within that period of time, your licence may be revoked.

Note: If you lose or misplace your PA letter BEFORE the final date of acceptance, please call the SLED Contact Centre on 1300 362 001 between the hours of 8.30 am and 4.30 pm (Monday-Friday).

Q. I have not yet had my photograph taken - can I commence working with my PA letter?

A. No. You cannot work until you have your photo-licence in your hand.

Q. I have a CAPI licence in another State / Territory of Australia / New Zealand - do I need a licence in NSW to do CAPI work in NSW?

A. Yes. If you have a current and equivalent licence in another State or Territory or New Zealand, you may apply for a licence in NSW under 'Mutual Recognition'. For more information, refer to 'New licence' on the Application Assistant webpage.

Note that all CAPI operators must be employed by a NSW CAPI Master licence.

CAPI RE-APPLICATION

Q. My licence is due to expire soon and I want to renew it - what should I do?

A. A courtesy reapplication package will be posted to you approximately eight weeks prior to the expiry of your current licence.

Provided you lodge a complete and acceptable reapplication with the SLED prior to the expiry date of the existing licence and confirm with the SLED it has been received, you can continue to work beyond the expiry date while awaiting the outcome of your reapplication.

Q. When should I lodge my reapplication?

A. The SLED recommends a reapplication is lodged a minimum of 4 weeks prior to the expiry of the existing licence to avoid disruption of your authority to carry on CAPI activities.

Q. What happens if my reapplication form is incomplete (without all of the relevant information or certified copies of documents)?

A. Incomplete reapplications will not be accepted and will be returned to you. The SLED will not commence processing of your reapplication until it is fully completed and accompanied by the correct fee (refer to the 'Schedule of Fees' on the Application Forms webpage).

It is your responsibility to ensure that you have provided all necessary information set out in the checklist of your reapplication form.

If you lodge your reapplication after the licence expiry date, you will not be authorised to carry on CAPI activities until the new licence is in your possession.

Q. Why do I need to provide all my documents again?

A. The Commercial Agents and Private Inquiry Agents Act 2004 does not allow for the 'renewal' of a licence. All licence holders wishing to continue to undertake CAPI activities are required to 'reapply' each time their licence is due to expire. As a result, all required information and documentation for an application must be supplied with each reapplication, irrespective if it has been supplied in previous years.

Q. How much money do I send with my reapplication?

A. The applicable licence fee is to be sent to the SLED along with your completed reapplication form. The 'Schedule of Fees' (on the Application Forms webpage) specifies the fee relevant to the licence classes sought.

Q. Do I have to get my fingerprints taken again?

A. If your fingerprints have already been taken in relation to a NSW CAPI or security licence you will not need to have them taken again.

Q. What will happen to my fee if I withdraw my reapplication?

A. If a licence reapplication is withdrawn prior to the licence being approved, the SLED will retain a non-refundable administration fee. This fee varies depending on the type of application submitted. The remainder of the licence fee will be refunded.

Further details on the non-refundable processing fee can be found in the 'Schedule of Fees' on the Application Forms webpage.

However, once a licence has been issued, there is no provision under the Commercial Agents and Private Inquiry Agents Act 2004 for the refund of any fees paid.

Q. How long after I send in my reapplication will I get my licence?

A. If you have correctly completed your reapplication form and there is no criminal history recorded against you, you may expect to receive your 'Photograph Advice' letter within approximately eight weeks.

If there is a requirement for further assessment or information, or if you are an ex-police officer, delays may be experienced.

Q. What happens after I receive the Photograph Advice (PA) letter?

A. When you receive your PA letter, you must take it to a Roads and Maritime Services (RMS) Registry or agency or Service NSW Centre along with suitable ID to have your photograph taken.

In instances where the photo licence card is not printed on the spot, you can expect to receive it in the mail within 10 business days.

As stated in your PA letter, your licence is granted subject to the condition that you personally attend a RMS Registry or agency or Service NSW Centre before the final date of acceptance to have your photograph taken. You cannot be issued with a photo licence-card after that date. If you do not have your photograph taken within that period of time, your licence may be revoked.

Note: If you lose or misplace your PA letter BEFORE the final date of acceptance, please call the SLED Contact Centre on 1300 362 001 between the hours of 8.30 am and 4.30 pm (Monday-Friday).

Q. I have not yet received my photo-licence card - can I work?

A. If you hold a licence that has expired but have confirmed with the SLED that your reapplication was received prior to the date of expiry, you can continue to work.

If you do not have your photograph taken before the final date of acceptance stated in your Photograph Advice letter, your licence may be revoked.

If you have not reapplied prior to the expiry date of your existing licence, you cannot work until you have your new photo-licence card in your hand.

TRAINING

Q. What training am I required to complete?

A. CAPI training requirements are outlined on the Training Requirements webpage and must be completed and proof of successful completion provided to the SLED within 24 months of the grant of your first CAPI licence.

Q. Where can I do my training?

A. Training for CAPI operatives must be conducted by a training organisation that has been registered with the Australian Skills Quality Authority (ASQA).

For a list of registered training organisations offering CAPI training in NSW, refer to www.training.gov.au and search by either the:

'Qualification title'

  • Certificate III in Investigative Services
  • Certificate III in Mercantile Agents

OR

'Qualification code'

  • CPP30607 (Certificate III in Investigative Services)
  • FNS30410 (Certificate III in Mercantile Agents)

NOTIFYING THE SLED

Q. What are the SLED's contact details?

A. The SLED's contact details are listed on the SLED Contact Details webpage.

Q. When do I need to notify the SLED of a change of my Master Licence details?

A. You must notify the SLED, in writing, within 14 days of any changes to the Master licence. This includes change of name, contact details or close associates.

Q. How do I change the details of my Master licence? Is there a charge for this?

A. You must complete the P614B 'Application for CAPI Master Licence Amendment or Replacement' form and lodge it by post to the SLED along with the payment of the required fee (dependent on the type of amendment being made – refer to the 'Schedule of Fees' on the Application Forms webpage for the required fee).

Note: Changes to contact details which do not appear on the licence certificate (e.g. postal address, contact phone numbers, telephone numbers) do not incur a fee and can be emailed, faxed or posted to the SLED. (When notifying changes, be sure to include the licence number and the licence holder's full name and date of birth.)

Q. What happens if my CAPI operator photo licence is lost, stolen, destroyed, defaced, mutilated or becomes illegible?

A. You must report this to the NSW Police Force within 7 days and lodge an application for a replacement licence within 14 days. Refer to 'Replace lost, stolen, damaged, etc licence' on the Application Assistant webpage.

Q. I hold a CAPI Operator licence and have recently moved - how do I inform you of my change of address?

A. You must notify the SLED in writing, within 14 days, by:

  • email at sled@police.nsw.gov.au or
  • fax 1300 362 066 or
  • mail to SLED, Locked Bag 5099, Parramatta NSW 2124


Please include your licence number, date of birth and full name.

There is no fee for this.

Q. How do I alter the personal details shown on my CAPI Operator licence (other than change of address)? Is there a charge for this?

A. You must complete a P614A 'Change of Details of an Operator Licence' form and lodge it by post within 14 days, along with required documentation (as detailed on the application form) and the applicable fee. Refer to the 'Schedule of Fees' on the Application Forms webpage for the required fee.

Once your amendment is processed, you will be sent a Photograph Advice (PA) letter. You must take the PA letter to a Roads and Maritime Services (RMS) Registry or agency or Service NSW Centre along with suitable ID to have your photograph taken.

Upon receipt of your new licence you must surrender your previous licence in person at your local police station or by posting it to the SLED.

Q. How do I add another activity to my Operator licence?

A. You must complete a P614A 'Change of Details of an Operator Licence' form and lodge it by post, along with required documentation (as detailed on the application form) and the applicable fee. Refer to the 'Schedule of Fees' on the Application Forms webpage for the required fee.

Once your amendment is processed, you will be sent a Photograph Advice (PA) letter. You must take the PA letter to a Roads and Maritime Services (RMS) Registry or agency or Service NSW Centre along with suitable ID to have your photograph taken.

Upon receipt of your new licence you must surrender your previous licence in person at your local police station or by posting it to the SLED.

Q. I hold a Master Licence. How do I upgrade it if I wish to employ more staff than the licence permits?

A. You are required to complete a 'Change of Details of a Master Licence' (P614B) form available from the Application Forms webpage. You must send payment of the applicable fee with your application to the SLED. Please refer to the 'Schedule of Fees' (on the Application Forms webpage) for the appropriate fee.

A replacement Master licence certificate will be sent to you once your application is finalised. Once you have received the replacement Master licence certificate, you can then employ additional staff.

When you receive your new licence certificate you must surrender your previous licence certificate by posting it to the SLED.

Q. How do I surrender my old / previous licence?

A. Old / previous licences must be surrendered in person at your local police station or by posting to: Security Licensing & Enforcement Directorate, Locked Bag 5099, Parramatta, NSW, 2124.

Q. I know a person who is working without a licence - what can I do about it?

A. Complaints in relation to an alleged breach of the CAPI laws can be made in writing to the SLED and submitted by email or post.

GENERAL

Q. How long is a CAPI licence current for?

A. Probationary Operator licences are available for a one year term only. Operator licences are available for a one or five year term. Master (business) licences are available for a five year term only.

Q. I hold a current licence but I do not wish to work in the industry - am I entitled to a refund?

A. No.

Q. I hold a Master licence for my business - do I require an Operator licence to carry out CAPI activities?

A. Yes. A Master licence is for the business only and allows the business to employ operators to carry out CAPI activities.

If you are self-employed, you must hold both a Master licence and the appropriate Operator licence.

Upon application for an Individual Master licence (as a sole trader with nil employees), you will be issued with an Operator licence at no extra cost (i.e. one form, one fee, two licences).

If you are applying for an Individual Master licence and intend to employ staff to carry out CAPI activities, the application form allows you to indicate if you are also intending to carry out any CAPI Operator activities personally. If this is the case, you will also be issued with an Operator licence at no extra cost.

Q. Do I need to hold an Operator licence to hold a Master licence?

A. No.

Q. Who is a Close Associate?

A. A person is a Close Associate if they:

  • hold or will hold any relevant financial interest (i.e. a share in the capital of the business or any entitlement to receive any income from the business).
  • are, or will be, entitled to exercise any relevant power (i.e. any power (by voting or otherwise) to participate in any directorial, managerial or executive decision, or to elect or appoint any person to any relevant position) in the business.
  • hold, or will hold, any relevant position in the business.


This refers to the position of directors, managers & other executive positions, secretary, and such other positions prescribed by the Regulation.

For further information, please refer to Clause 4: Meaning of a “close associate” in the Commercial Agents and Private Inquiry Agents Regulation 2017.

Q. Why do I need a Master licence when I already have an Operator licence?

A. An Operator licence authorises a person to carry out CAPI operator activities while employed by a Master licence holder. If you wish to carry on business in CAPI activities, including working as a subcontractor, you must hold a Master licence as well as an Operator licence.

Q. My employer wants to subcontract my services. What type of licence do I need?

A. Any person sub-contracting CAPI activities is required to hold a Master licence as well as an Operator licence for the CAPI activities they undertake.

Q. I hold a current Master licence and I am going to sell my business - does this licence transfer to the new owner when the sale is completed?

A. No. A licence confers no right of property and is non-transferable.The new owner will need to apply for a Master licence.

Q. Why do I need to put my Master licence number in advertisements?

A. It is a condition of a Master licence to display the licence number on any advertisement or correspondence in relation to any CAPI activity carried on by the licensee.

Q. Where can I find the laws that relate to CAPI licensing?

A. Refer to 'Legislation' on the About CAPI Licences webpage.

Q. Do CAPI licence holders get fined for breaches of the legislation?

A. The legislation provides for penalties for breaches of the legislation. Police have powers to issue on the spot penalties for some offences.

Q. Who are exempt from holding a CAPI licence?

A. Schedule 1 of the Commercial Agents and Private Inquiry Agents Act 2004 and clauses 10 & 16 of the Commercial Agents and Private Inquiry Agents Regulation 2017 lists persons who are exempt from the requirement to hold licences.

Q. I have an interstate CAPI licence - can I use it in NSW?

A. No. If you have an equivalent licence in another State or Territory or New Zealand, you may apply for a licence in NSW under 'Mutual Recognition'. For more information refer to 'New licence' on the Application Assistant webpage.

All NSW CAPI operators must be employed by a NSW CAPI Master licence.

Q. What offences will disqualify me from holding a licence?

A. Refer to the 'CAPI NEW APPLICATION' section above.

Q. My licence was refused / revoked. Can I appeal this?

A. Yes. If an application for a licence is refused, or a current licence revoked, the individual to whom the licence relates may request the SLED undertake an Internal Review of the decision within 28 days of being served with the notice of cancellation/revocation. This is conducted within the SLED by an officer other than the officer who refused / revoked the licence.

The individual may also choose to make application to have the decision reviewed by the NSW Civil and Administrative Tribunal (NCAT).

Q. How do I apply for an Internal Review?

A. An application for an Internal Review must be in writing and sent by:

  • post to the Security Licensing & Enforcement Directorate (SLED), Locked Bag 5099 Parramatta NSW 2124 or
  • fax to 1300 362 066 or
  • email to sled@police.nsw.gov.au.

Q. How long does an Internal Review take?

A. The SLED will complete an Internal Review within 21 days from the date the request for the Internal Review is received.

Q. What does an Internal Review cost?

A. There is no fee charged by the SLED for an Internal Review.

Q. What can I do if I don't agree with the outcome of an Internal Review?

A. You may lodge an application to have the decision reviewed by the NSW Civil and Administrative Tribunal (NCAT).

The application must be lodged with NCAT directly. (A fee maybe payable to NCAT.)

Q. Am I entitled to a refund if my licence is revoked?

A. No.