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Interested in entering the industry in Victoria as a:

  • Collector?
  • Investigator?
  • Process Server?
  • Repossession Agent?

Collectors

Victoria operates with a "negative licensing" scheme for commercial agents in that state.  A licence to be a debt collector is not needed, unless you fall in the category of prohibited persons or corporations, in which case you will need the permission from the Business Licensing Authority to engage in debt collection.

Prohibited persons or corporations

Individuals are prohibited from engaging in debt collection if they:

  • are under 18 years of age
  • are a represented person within the meaning of the Guardianship and Administration Act 1986
  • are an insolvent under administration
  • have in the last five years:
    • held a private security licence or registration under the Private Security Act 2004 that was cancelled or suspended
    • been found guilty in Victoria or elsewhere, of an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment of three months or more
    • been found to have been involved in the use of physical force, undue harassment or coercion in contravention of section 12DJ of the Australian Securities and Investments Commission Act 2001 (Commonwealth) or an equivalent provision in an Act of the Commonwealth, or another State or Territory, or in the Australian Consumer Law and Fair Trading Act 2012.

Corporations are prohibited from engaging in debt collection if they:

  • are an externally-administered body corporate
  • are at least one director who is a prohibited person
  • are managed or effectively controlled by a natural person who is a prohibited person
  • have, in the preceding five years, been found to have contravened section 53A(2) or 60 of the Trade Practices Act 1974 (Commonwealth) while engaging in debt collection.

Prohibited persons or corporations must apply to the Business Licensing Authority for permission to:

  • engage in debt collection
  • be a director of a corporation that engages in debt collection
  • manage or effectively control a corporation that engages in debt collection.

The permission process is not available to anyone under 18 or a represented person within the meaning of the Guardianship and Administration Act 1986.

 

Investigators

The relevant licensing legislation is the Victorian Private Security Act 2004 - the industry regulator is the Chief Commissioner of Police (represented by the Licensing Services Division).

Under the Act an Investigator is defined as:

A person who on behalf of another person is employed or retained to obtain and furnish information as to the personal character or actions of any person or as to the character or nature of the business or occupation of any person or alternatively be employed to search for missing persons.

Any person operating as an investigator in Victoria must have a current Private Security Individual Operator licence. Any business providing the services of others who perform such an activity must have a current Private Security Business licence.

For further information contact the Licensing & Regulation Division - Victoria Police on the details below:

Licensing & Regulation Division
Level 4, Tower 3, Victoria Police Centre
637 Flinders Street, Docklands, VIC, 3008
GPO Box 2807, Melbourne, VIC, 3001
Phone: 1300 651 645
Fax: (03) 9247 6485
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Process Servers

Process Servers do not require a licence in Victoria.

 

Repossession Agents

Repossession Agents do not require a licence in Victoria.