Computer Forensics and Licensing in Australia

In recent years, a number of Australian jurisdictions have introduced or amended existing private investigation/security legislation.

However, the interpretation of broadly drafted legislative provisions, which serve to define what constitutes "an individual required to be licensed", has proved to be confusing for many private sector computer forensic examiners.

The Queensland Government Department of Justice and Attorney-General has published a statement, as part of a Frequently Asked Questions ("FAQ"), which appears to clarify the licensing position, at least within Queensland.

Is a computer or internet based security provider captured by the Act?

The Security Providers Act 1993 (Qld) does not state whether those working as consultants or employees in the internet and computer security industry are required to hold a licence. The Act regulates the manpower and technical sectors of the security industry relating to the protection of people and physical property. This includes the installation and maintenance of physical security equipment.

Coverage of internet and computer security was not raised as an issue during the review of the Act and was not considered in the development of amendments to the Act. Consultation with other regulators confirms that they do not capture internet and computer security. Under the circumstance the department does not propose to enforce the Act in relation to internet and computer security.