Licensing & Regulation Division

Senior Sergeant Brett Kahan

Presentation to the Association of Investigators & Security

Professionals

Licensing & Regulation Division

Responsible for the regulation of the firearm, private security and weapon industries.

Provides direct services to the more than 300,000 members of these industries through the administration of the Firearms Act 1996, Private Security Act 2004, Control of Weapons Act 1990 and their association Regulations

Licensing & Regulation DivisionCompliance Enforcement

Monitoring the compliance of licence, permit and authority holders through audits and inspections;

Detecting, investigating and analysing potential breaches of the legislation;

Identifying risks to the integrity of the licensing process;

Communicating the legal obligations of holding a licence, permit, registration or authority as well as the consequences of failing to meet these.

Licensing & Regulation DivisionCompliance Enforcement

Private Security Unit

Suspended & Cancelled Investigator Licences 2014

21 private security individual operator licences with the activity of “investigator” were suspended.

Of these 21 suspensions, 15 private security individual operator licences with the activity of “investigator” were cancelled.

The Private Investigator1. Fraud investigation work for insurance and

welfare agencies;

2. Legal work including factual inquiries, locating persons and serving legal documents or recovering property;

3. Commercial work involving a miscellany of services such as de-bugging, pre-employment checks and specialized investigations (such as for copyright violations); and

4. Domestic work including finding missing persons, abduction recoveries or spouse fidelity checks.

Misconduct and Ethics Like policing, private investigating appears highly

vulnerable to misconduct. The 1983 Australian Law Reform Commission Report into Privacy found that private agents can be strongly tempted to engage in breaches of privacy, including:Trespass;Conspiracy;Unlawful Disclosure; Interception of telecommunications;Use of listening devices.

Duties of the Investigator1. The duty to follow instructions;

2. The duty to act in person;

3. The duty to act in the interests of the principal;

4. The duty to take care of the principal’s property;

5. The duty to keep proper accounts and have those accounts available for inspection (to the client and the regulator).

Case Study – Formal Complaint Private Investigator engaged by a widow Instructions were to identify the possible whereabouts of

1000’s of head of cattle Cattle jointly owned by the deceased and other members

of the family $7000 “down payment” Further $3000 advance one month later No correspondence provided, no invoice, false promises Refusal by P.I. to provide information or accounts Private Security Individual Operator Licence Suspended

and subsequently cancelled.

BUSINESS VS INDIVIDUAL LICENCE

Engaging the services of others (employees).

Section 14(1) Private Security Act 2004

=

Requirement to hold a private security business licence

Advantages of Proprietary Company Structure

Such a company has separate legal personality and is a legal entity in its own right, independent of its directors and shareholders;

The company has liability in its own right, separate to the more limited liability that directors may have;

The company structure thus allows for asset protection and the avoidance of liability.

LRD POLICY LRD policy has been consistent since 2005 but, in

some cases due to varying reasons, misrepresented; Developed with the assistance of the Department of

Justice; In regards to body corporates, whether “one person”

proprietary companies or not, if such a company provides the services of persons to carry on security activities, the company is required to hold a Private Security Business Licence; and

All persons carrying on security activities via such a company are required to hold a Private Security Individual Operator Licence.

RATIONALE FOR LRD POLICY From a regulatory perspective, it is

essential that private security companies are consistently overseen and regulated.

It would be inconsistent and contrary to the intention of the Act for one-person companies to be able to avoid the relevant requirements in the Act that apply to other body corporates whilst enjoying the financial and taxation protections that the corporate structure provides.

Quick Questions Answered1. Can I get access to the Victoria Police

LEAP database? No

2. Can I get access to any Victoria Police database?

No

3. Can I get an associate attached in a sworn or unsworn capacity to Victoria Police to provide information?

No

Questions???