Private Security Industry Act 2007 · 2020 Revised Edition · Part 2 · Private Investigators and Private Investigation Agencies
9. Employees who are not private investigators
Feedback & supportA licensed private investigation agency must, not later than 14 days after —
licensed
“licensed” means licensed as a private investigator, private investigation agency, security officer, security agency or security service provider under this Act;
employing any person other than as a private investigator, such as secretarial, clerical or other staff of a similar kind, to assist in the business of the private investigation agency; or
terminating the employment of any employee referred to in paragraph (a),inform the licensing officer in the prescribed form and manner of the employment or termination of employment, as the case may be.
If the licensing officer is of the opinion that any person who is employed other than as a private investigator by a licensed private investigation agency is not a fit and proper person to be so employed, the licensing officer may —
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;
give written notice of his or her opinion to the licensed private investigation agency, stating the name of that person; and
despite any other law or the provisions of any memorandum or articles of association or other constitution of the licensed private investigation agency, direct the licensed private investigation agency to terminate the employment of the person named in the notice given under paragraph (a).
Any licensed private investigation agency who contravenes subsection (1) or fails to comply with any direction under subsection (2)(b) 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.
In deciding for the purposes of subsection (2) whether an employee is a fit and proper person to be employed other than as a private investigator by a licensed private investigation agency, the licensing officer may consider the following matters as indicating that the employee may not be a fit and proper person:
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,
that the employee had on a previous occasion applied for a private investigator’s licence or a private investigation agency’s licence, and such application had been refused by the licensing officer;
that the employee associates with a criminal in a way that indicates involvement in an unlawful activity;
that in dealings in which the employee has been involved, the employee has shown dishonesty or lack of integrity; or
that the continued employment of the employee is not in the public interest or may pose a threat to national security.