FAQs on CAPI for Mercantile / Commercial Agents


General FAQs

When did CAPI start?

Do I need a Licence?

What Licence do I need?

I’m a subcontractor – do I need a Master or Operator Licence?

What Licence is required for New Staff?

What Does a Probationary Licence Mean?

How Do New Staff Get a Licence If They Aren’t Qualified?

I Have an Old Licence - FAQs

Master Licence - FAQs

Interstate Licence FAQs

Master licences for Businesses (employers incl “subcontractors” who are technically self-employed)



I’m a subcontractor – do I need a Master or Operator Licence?
Any person sub-contracting CAPI activities is required to hold a Master licence AS WELL AS AN Operator Licence for the CAPI activities carried on.

This is because holders of Operator licences must be employed by a Master licence holder.

If you wish to carry on business in CAPI activities, even if only self-employed (including working as a subcontractor), you must hold a Master licence.




What Licence is required for New Staff?
A person's first operator licence is probationary (restricted) for 1 year and the holder must work under the supervision of a fully licensed operator or master licence holder.




What Does a Probationary Licence Mean?
It means you must operate under the supervision of a fully licensed operator or master licence holder.




How Do New Staff Get a Licence If They Aren’t Qualified?
The probationary (restricted) licence can be issued even if they have not completed the qualification requirements.

To get an unrestricted licence they must complete the qualification in those licenced activity areas.




When Do I Need a New Licence?
Your existing licence will be recognised by the new Act, until the date on which it would have expired.



How Do I Get My New Licence?
To renew an existing licence you do so by lodging an application with NSW Police when your old one is due for renewal.

If you have the new qualification you will be given an unrestricted operators licence.

If you have NOT completed the new qualification you will be issued a “conditional” licence and you will need to have completed the required qualification within 12 months.

This “conditional” licence will also stop you being able to supervise anyone else who is on a “probationary” licence.



I held a SubAgent Licence – what do I get now?
Your subagents licence will convert to an Operators Licence. BUT holders of operator licences must be employed by a Master licence holder – so if you are NOT an employee of a business with a Master Licence you must apply for your own Masters Licence.




When Do I need the New Qualification?
If you have the new qualification you will be given an unrestricted operators licence upon application at the expiry of your old licence.

If you have NOT completed the new qualification when your licence comes up for renewal you will be issued a “conditional” licence and you will need to have completed the required qualification within 12 months. This simply means that your licence is unrestricted BUT you must finish the qualification within 12 months or it will be cancelled. See this requirement on the CAPI website




What If I Don’t Complete the New Qualification within 12 months?
If you are under a conditional licence where you have 12 months to complete the new qualification and don’t get it done – your licence will be cancelled.




Will I get a Licence Renewal Reminder?
Ensure that the CAPI unit have your correct details.

They have indicated they will send a reminder approximately 8 – 10 weeks prior to expiry if they have your correct details.

To ensure you apply in time – also diarise it yourself.




How Do I Get the Photo Licence?
Once your licence is approved you will be told to go to an RTA office for the photo and licence issue.

You must collect your licence within 60 days or it will be cancelled. (regulation 17(1)).




Master Licence Qualifications?
The only “qualification” needed under a Master licence is for the Debt Collections master Licence.

If you hold this Master licence you need to complete the course: Establish, manage and administer trust accounts.

If the Master licence is held by a Company the company must have an employee complete the course.




How Long Do I have for The Trust Accounting Course?
You must submit evidence that you (or for companies an employee who is responsible for the Trust Account) has completed the course within 12 months of issue of the master licence, or no later than the first Audit period subsequently occurring.




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

This demonstrates legitimacy to the public and discourages illegitimate businesses from operating.




Do I Need a NSW Licence If I am Interstate / Overseas?
Yes. Recent advice was issued by the CAPI Unit. In summary:

I refer to your enquiry regarding whether debt collectors based outside of NSW who collect debts (either over the phone, internet or via letter of demand) from persons located in NSW are required to be licensed under the Commercial Agents and Private Inquiry Agents (CAPI) Act 2004.

NSW Police Force sought legal advice from the Crown Solicitor in relation to this matter.

The Crown Solicitor determined that the requirement to hold a licence was not confined to a person who establishes business in New South Wales or who is resident in New South Wales: rather the requirement to hold a licence affects any person, which includes corporation, who carry out debt collection activities in New South Wales.

You are therefore required to hold a CAPI master and/or operator licence in the activity of debt collection and should submit an application accordingly, as a matter of urgency.

You will find all the information and application forms on our website, www.police.nsw.gov.au/sir


Julie Cornwell
Manager CAPI Unit
Security Industry Registry




I have an interstate licence; can I use it in NSW?
No.

If your interstate licence is current you can apply for a NSW licence under the Mutual Recognition Act, 1992. You can commence work in NSW once you receive from the CAPI unit in NSW and acknowledgement of receipt of your application.

You do not need to wait until the actual licence and photo is arranged. But you do need to ensure you arrange the licence within 60 days of approval advice.

Note that if you obtained your interstate licence based on Mutual Recognition from another licence – then you must contact the CAPI unit, as the mutual Recognition process cannot be used by you.

Eg you held an old NSW licence. On the basis of that old NSW licence you got a QLD licence by Mutual recognition. Since that time your NSW licence expired.

Although you still have a current QLD licence – you cannot apply for a new NSW licence by Mutual Recognition. You will need to apply through the normal process.




Can I Get Mutual Recognition Without the Qualification?
Yes you can.

There are no requirements for the qualification under Mutual Recognition.

However, it is widely acknowledged that ALL states and territories will soon introduce legislation consistent to the NSW CAPI Act. It is therefore likely that the qualification requirements will then apply across all states and territories.

Currently NSW operators are petitioning the NSW government that the qualification requirement is unfair – as other interstate operators do not need to do this. It is likely that this position will only add more pressure on the other state governments to speed up their “CAPI” and qualification requirements to remove this current “unfairness”.

The alternative is for the NSW government to “drop” the qualification requirement. However this would be very unlikely as it would lead to claims from those employers and employees who have already incurred the cost of getting their qualification, that they have been financially disadvantaged for doing the right thing.




Why Should I get the Qualification Now and Not Later If I don’t Need it Now?
There are 2 important considerations to take into account.

Firstly is there is funding available to assist you meet the cost of the qualification now. Remember there are no guarantees how long this will remain in place for.

Secondly – acting now allows you more time to spread the qualification over – and avoid any last minute panic. It is also a good risk management strategy of not leaving such an important requirement to the last minute.




I Operate in ACT and We Don’t Have a Licence System
It would seem that you will need to apply for a NSW license through the normal channels. Seek clarification from the CAPI unit.




I Hold a Sub Agent Interstate Licence – What Licence Do I get Under Mutual Recognition?
This position is not entirely clear.

It would seem that you are entitled to an Operators Licence under Mutual Recognition BUT as an Operator you must be employed by a holder of a Master Licence. It would seem that you must apply for a NSW Master Licence.