The WA parliamentary question concerns the powers and responsibilities of licensed investigators and government-appointed investigators under the Security and Related Activities (Control) Act, particularly regarding the investigation of criminal offences.

AnsweredQoN 491Legislative Assembly
Asked
8 November 2005
Portfolio
Police and Emergency Services

QuestionView source ↗

A Commercial Agent (investigator) under an Investigators Licence can conduct investigations into alleged criminal offences, however in the event of uncovering evidence of an offence or elements of an offence, the investigator should disclose the known facts to the appropriate authority. In certain circumstances, government departments and/or agencies have the power under their respective legislation to appoint investigators, to conduct inquiries on the department's behalf into matters concerning their respective acts and regulations. (a) Section 52 of the Security and Related Activities (Control) Act (the Act) allows the Licensing Officer to issue licenses, including an Investigators Licence, under the Act as long as the applicant meets a number of requirements. Section 28 of the Act then defines an investigator and what duties the person is permitted to undertake. (1) An investigator is a person who for remuneration conducts- (a) investigations into the conduct of individuals or bodies corporate or the character of individuals. (b) surveillance work in relation to the matters referred to in paragraph (a); or (c) investigations concerning missing persons .
In certain circumstances, government departments and/or agencies have the power under their respective legislation to appoint investigators, to conduct inquiries on the department's behalf into matters concerning their respective acts and regulations. (a) Section 52 of the Security and Related Activities (Control) Act (the Act) allows the Licensing Officer to issue licenses, including an Investigators Licence, under the Act as long as the applicant meets a number of requirements. Section 28 of the Act then defines an investigator and what duties the person is permitted to undertake. (1) An investigator is a person who for remuneration conducts- (a) investigations into the conduct of individuals or bodies corporate or the character of individuals. (b) surveillance work in relation to the matters referred to in paragraph (a); or (c) investigations concerning missing persons .
(a) Section 52 of the Security and Related Activities (Control) Act (the Act) allows the Licensing Officer to issue licenses, including an Investigators Licence, under the Act as long as the applicant meets a number of requirements. Section 28 of the Act then defines an investigator and what duties the person is permitted to undertake. (1) An investigator is a person who for remuneration conducts- (a) investigations into the conduct of individuals or bodies corporate or the character of individuals. (b) surveillance work in relation to the matters referred to in paragraph (a); or (c) investigations concerning missing persons .
Section 28 of the Act then defines an investigator and what duties the person is permitted to undertake. (1) An investigator is a person who for remuneration conducts- (a) investigations into the conduct of individuals or bodies corporate or the character of individuals. (b) surveillance work in relation to the matters referred to in paragraph (a); or (c) investigations concerning missing persons .
(1) An investigator is a person who for remuneration conducts- (a) investigations into the conduct of individuals or bodies corporate or the character of individuals. (b) surveillance work in relation to the matters referred to in paragraph (a); or (c) investigations concerning missing persons .
(a) investigations into the conduct of individuals or bodies corporate or the character of individuals. (b) surveillance work in relation to the matters referred to in paragraph (a); or (c) investigations concerning missing persons .
(b) surveillance work in relation to the matters referred to in paragraph (a); or (c) investigations concerning missing persons .
(c) investigations concerning missing persons .

AnswerView source ↗

Answered
24 November 2005
Responded by
Minister for Police and Emergency Services
Response time
16 days
The Western Australia Police advise as follows:
A Commercial Agent (investigator) under an Investigators Licence can conduct investigations into alleged criminal offences, however in the event of uncovering evidence of an offence or elements of an offence, the investigator should disclose the known facts to the appropriate authority.
In certain circumstances, government departments and/or agencies have the power under their respective legislation to appoint investigators, to conduct inquiries on the department's behalf into matters concerning their respective acts and regulations.
(a)
Section 52 of the
Security and Related Activities (Control) Act
(the Act) allows the Licensing Officer to issue licenses, including an Investigators Licence, under the Act as long as the applicant meets a number of requirements.
Section 28 of the Act then defines an investigator and what duties the person is permitted to undertake.
(1) An investigator is a person who for remuneration conducts-
(a) investigations into the conduct of individuals or bodies corporate or the character of individuals.
(b) surveillance work in relation to the matters referred to in paragraph (a); or
(c) investigations concerning missing persons
.

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