Investigation services with business licensing?

[markinmelbourne]

I have a hypothetic scenario (I'm still doing the Cert 3) - sorry for the lengthy post!

I’ve been engaged by a client to undertake two weeks of investigative services, including factual investigation and surveillance. Some aspects of the surveillance require me to travel from State to State. I suggest to the client that the services of other investigators can be used for the surveillance tasks in other States. The client asks why I’m not able to ‘deal’ with engaging those surveillance operatives myself.

I explain that to provide the services of an investigator requires a business licence.
I assume adequate controls would need to be in place to ensure the other surveillance operatives are conducting quality services that meet the legal requirements for evidence.

Is there any industry trend around how these sorts of tasking needs are dealt with?

Is there a fine line between handballing surveillance tasks and ‘engaging their services’ without a business licence?

[Farnsworth]

I'm still studying too so not sure if this is the correct answer or not but I was under the impression that you could undertake work in another State as long as the investigation originated in the State that you are licenced in.
As I said, I'm am still studying so I too look forward to hearing some other opinions on this topic 

[chrisr]

I’ve been engaged by a client to undertake two weeks of investigative services, including factual investigation and surveillance. Some aspects of the surveillance require me to travel from State to State. I suggest to the client that the services of other investigators can be used for the surveillance tasks in other States. The client asks why I’m not able to ‘deal’ with engaging those surveillance operatives myself.

I explain that to provide the services of an investigator requires a business licence.
I assume adequate controls would need to be in place to ensure the other surveillance operatives are conducting quality services that meet the legal requirements for evidence.

I would err on the side of caution and say you shouldn't be doing investigation or surveillance activities in a state for which you are not licensed. About the only situation you could somewhat safely do this is between NSW and the ACT, because ACT has no licensing for PIs.

Advising the client that operatives from interstate would need to conduct the work in those states is probably the right advice. I can't imagine there would be any issue in sub-contracting to those operatives to do the work for you - in fact, this is quite common in my experience, and means that you retain control of the investigation, while selecting the best operatives to do the tasks you need them to do in other jurisdictions. You'll notice that with some frequency folks on this forum will have things they need doing interstate, and they will post looking for someone to help them out.

As to needing a business licence - if you are already selling your services direct to a client, then you should have that business licence anyway. For example, if you are licensed in NSW as I am, and have a master/operator licence that allows you to work direct, but not have any employees, this does not mean that you can't subcontract to others, so long as those subcontracted ALSO have a master licence (however described).

Not really an issue at all.