Frequently Asked Questions
The Industry, what it is, and requirements
Q1. What is the civil investigation industry?
A1. Civil investigation is the conducting of non-criminal investigations. In Australia, the U.K. and America as other western type democracies they have Police who handle all aspects of criminal investigation. Despite what you see or read they are really very good at it.
Non-criminal investigations involve matters such as Insurance (investigation of claims), Sexual harassment, Workplace accidents, Workplace bullying and various Internal corporate investigations.
The difference is that the police are involved in the criminal law, those offences against legislation (e.g. sexual assault, serious assaults, thefts including burglary). Successful prosecution of which requires a very high burden of proof, "Beyond all Reasonable Doubt". The system is adversarial with two parties, the 'Prosecution (police) v the 'Defence'. If the case is proved then the defendant or accused is punished.
Civil Law - Involves one person enforcing their private rights against another. (e.g. breach of contract). The burden of proof in these cases is the civil burden, "On the balance of probabilities". The two opposing parties are referred to as "The Plaintiff" and "The Defendant". If negligence is determined then damages are awarded.
Q2. Do you require a licence to become a Private Investigator?
A2. Licence requirements vary from country to country. Within Australia all States require you to possess a licence before you can practice as a Private Investigator.
Within the U.K. there is currently no requirement to hold a licence, nor prove competency. However the SIA (Security Industry Authority) in the U.K has been empowered to monitor security operatives and companies and issue licences; Private Investigators and Investigator businesses will soon be compelled to register and require licences to practice.
In order to obtain the licence current and potential Investigators will be required to provide evidence of competency and to fulfil certain legal requirements such as being subjected to criminal history checks and evidence of bankruptcy to name two. It is therefore strongly advised that persons wishing to practice as investigators within the United Kingdom complete a recognised course to show competency.
Q3. Do you need to have been a police officer to become a Private Investigator?
A3. No! Providing you can evidence good character, show no previous criminal convictions (subject to the Rehabilitation of Offenders Act) and are not an undischarged bankrupt then anyone can become a Private Investigator. It would be naïve to say that ex police do not have a slight initial advantage due to their knowledge of the criminal law; however it is definitely not a requirement. Former police officers within Australia are still required to obtain a licence in order to practice, and, in order to get that licence have to show competency and obtain their certificates.
The business and types of Investigations
Q4. What is the main source of business?
A4. Business is obtained from four main categories; The Legal Profession; Commerce and Industry; Insurance Companies and the general public. It would be fair to say however that the majority of regular, repeat and high paid work comes from the Insurance companies and legal profession.
Q5. As a beginner what investigations can I expect to conduct?
A5. People entering the industry are expected to know how to conduct the following investigations:
- General Insurance.
- Public Liability and Employer liability.
- Motor vehicle accidents.
- Workers compensation.
- Surveillance.
Q6. These investigations look quite daunting and complex what should I as a beginner concentrate on first?
A6. Our suggestion is General Insurance because it is the most common form and there is a demand Australia and UK wide for it.
Q7. Still sounds a bit heavy, what does general insurance consist of?
A7. It is any form of Insurance falling within the Insurance Contracts Act and includes investigations in:
- Stolen motor vehicles.
- Home or Dwelling Burglary.
- Any form of home contents public liability.
Q8. Hang on, you said Private Investigators don't handle criminal matters. Stolen cars and burglaries are criminal, surely?
General Questions
Q9 What is involved?
A9. Everything you need to know is contained with the course, in short what you would do as an investigator is:
- Conduct a record of interview with the insured owner.
- You will request relevant documentation, interview and take statements from any relevant witnesses. and
- If the vehicle or property is recovered, inspect the scene where vehicle or property recovered
- You will then provide a report to the insurance company.
Q10. What is a record of interview?
A10. It is simply an interview whereby questions are asked of a person and the answers to that question is recorded or written. Very specific and not dissimilar to a police interview.
Q11. What is a statement?
A11. An account by a witness describing what they saw, heard, touched, tasted smelt or any combination of those.
Q12. Would I as an investigator then conduct interviews in these two forms?
A12. No, interviews are conducted in many different ways, those above are just different methods used. You are often in a position to conduct informal interviews whereby witnesses can be eliminated from enquiries without the need for formal interview writing or recording.
Q13. Do you make arrests?
A13. You are not authorised to make arrests other than as a private citizen, which is a right held by all citizens. Powers of arrest are extremely strong powers provided to law enforcement agencies under statute with safeguards. Private Investigators are not given those powers and accordingly whilst arrest procedures are part of the course, if, in the course of your enquiries you have evidence of criminal activity by the subject of your enquiry they should be referred to the police.
Q14. If I can't make arrests it sounds quite tame.
A14. On the contrary, the type of investigations you can be involved in are too numerous to list here, but the industry is such that each day is different, you are constantly meeting new people, and if you have an enquiring mind you will find the work is challenging and interesting.
Q15. What is a typical day of an investigator like?
A15. There is no typical day so we'll give you an example of two, depending on what assignments you have, for example; Monday could be spent using the phone, making appointments, finalising reports and quality controlling your work. Tuesday could see you starting at about 7am, going to an appointment to interview witnesses to a vehicle accident and taking statements and examining vehicles. These can quite easily take you up to lunch; you may even work through it. The afternoon could see you visiting a factory work site investigating an industrial injury, interviewing witnesses, taking photographs and statements before returning to your home or office to consolidate.
Q16. As a brand new investigator with my certificates and licence if necessary how do you suggest I look for work?
A16. Investigation agencies win tenders placed by Insurance companies for three years. This is called panel membership. An agreed price per hour is made and investigators are paid a set rate. Your best chance of securing work is through an Investigation Agency. This enables you to gain experience and eventually branch out on your own into your own company if you so desire. Within Australia however you will not get work, or as far as the interview stage unless you possess the licence relevant to your state.
Q17. Is it possible then to get work, surely agencies will have their regular investigators?
A17. Yes it is and yes they do, there are very strong reasons why you should be able to get work some of them being:
- Investigation agencies have commitments to the Insurance companies and have to return investigations within 14 days.
- Not all their investigators work full time.
- People leave the industry regularly and vacancies are created.
- In general the investigation work force is older and many retire or semi retire.
- Also in your favour is where you live, and regardless of where you live there is investigation work in your area. From our experience we can advise of several areas in Australia in particular where they are crying out for investigators and agencies have to fly people to regional areas for several days work on investigations.
Q18. How do I break into the industry?
Requirements
Q19. What would I need to get started?
A19. Completion of the course which provides you with the fundamental skills and knowledge and a Certificate recognised by all States within Australia allowing you to obtain a Private Investigators licence, or in the U.K. a certificate that shows you have fulfilled the recommendations as outlined in the competency criteria as outlined in the SIA recommendations. Please see the SIA website for further information regarding licensing within the U.K.
Q20. What equipment would I need?
A20. You will need:
- A car.
- A mobile phone.
- A laptop computer, and
- Depending on various assignments you will need a digital camera and digital voice recorder.
- Tape measure (some investigators invest in a laser measure for compactness and convenience, and
- A small area at home to work from.
- Most assignments are received these days through email and case management software but a fax machine is a bonus.
Q21. Do I need an office?
A21. No, you can work from home, but should you wish to expand your business once established then you should consider an accommodation address facility at a local business centre. Most investigators working on a sub contract basis however, work from home and receive a kilometre or mileage rate for travel.
