Investigations and Security Providers Act 1993

Clients should be
aware that when engaging a private investigator to carry out an investigation
of an administrative nature (i.e. they are not exercising powers under
legislation), the investigator should be licensed under the Security Providers Act 1993.

A ‘security provider’ includes a private
investigator (s. 4). Relevantly, a ‘private investigator’ is a person who, for
reward, obtains and gives private information about another person, without the
other person’s express consent or carries out surveillance for obtaining
private information about another person, without the other person’s express
consent (s. 6(1)).

If an investigator conducts an
investigation without holding the appropriate licence, the investigator may:

• be acting
  in breach of clauses 5 (l) and (o) of the whole of government General Contract Conditions
  published by Procurement Transformation Division, Department of Housing
  and Public Works; and
• commit an
  offence under s. 9 of the Act.

Importantly, for our clients, the absence
of the appropriate licence may affect the validity of the investigation report.

If you have any queries or require advice
concerning the above please contact Deputy Crown Solicitor, Karen Watson or Assistant Crown Solicitors, Samantha Kane, Jackie
Hamilton or Louise Syme.