Private Security Industry Act 2007 · 2020 Revised Edition · Part 2 · Private Investigators and Private Investigation Agencies
12. Duty to keep records
Feedback & supportA licensed private investigation agency must —
licensed
“licensed” means licensed as a private investigator, private investigation agency, security officer, security agency or security service provider under this Act;
in relation to each occasion on which the licensed private investigation agency is engaged to provide the services of licensed private investigators the licensed private investigation agency employs, keep a record of the following information:
the name and address of the person engaging those services;
the date on which the services are provided;
details of the services provided; and
such other particulars as may be prescribed; and
retain every such record for a period of at least 5 years from the date of the occasion to which the record relates.
Every employer of a licensed private investigator who is not a licensed private investigation agency must —
private investigator
“private investigator” means any individual who, for reward, carries out any of the following functions:(a)obtaining and giving information about any person;(b)searching for missing persons;(c)obtaining and giving information as to the cause and origin of or responsibility for any fire, libel, loss or accident or any damage to real or personal property;(d)obtaining and giving information as to the location or recovery of lost or stolen property; or(e)obtaining evidence to be used in any civil or criminal proceedings.(2) For the purposes of this Act, a private investigator does not include —(a)a person employed by an employer to obtain and give information about another person who is employed by the employer, or whom the employer intends to employ;(b)a person employed by a business entity to obtain and give information about the character or nature of business of another business entity for the purpose of any business venture undertaken or to be undertaken by the employer or exclusively for the purposes of market research; and(c)a person who carries out any function mentioned in paragraphs (a) to (e) of subsection (1) —(i)as part of the person’s profession or business as an advocate and solicitor or as part of the person’s occupation as an employee of an advocate and solicitor;(ii)as part of the person’s profession or business as a public accountant or as part of the person’s occupation as an employee of a public accountant;(iii)as part of the person’s business of obtaining or giving information as to the financial rating or standing of another person; or(iv)as part of the person’s business of insurance or as an insurance adjustment agency, or as part of the person’s occupation as an employee of the person carrying on the business of insurance or the insurance adjustment agency.(3) In this section,
retain a record of every assignment handled by the private investigator while in his or her employment, which includes —
the name and particulars of any person investigated;
all actions taken by the private investigator on each assignment; and
such other particulars as may be prescribed; and
keep such records for a period of at least 5 years from the date of commencement of the assignment to which the record relates.
Every person required under this section to keep records must furnish to the licensing officer such records at such time and in such format and through such medium (whether electronic or otherwise) as the licensing officer may require.
licensing officer
“licensing officer”, in relation to any provision in this Act, means any licensing officer appointed under section 4(1) for the purposes of that provision, and includes any assistant licensing officer appointed by such a licensing officer under section 4(2) and subject to the licensing officer’s direction and control;
A person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
If a person who is required under this section to keep or submit records —
makes a record that —
is false or misleading; or
omits any matter or thing without which the record is misleading;
knows that the record is as described in paragraph (a); and
furnishes the record to the licensing officer following a requirement made under subsection (3),the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
Subsection (5) does not apply —
if the record is not false or misleading in a material particular; or
if the record did not omit any matter or thing without which the record is misleading in a material particular.