Welcome to Issue 31 of Crash Towing Industry News.

Identifying certain individuals for a towing business authorisation

Under the Towing Services Act 2024, regulated towing businesses must provide details about key individuals associated with the business. This ensures that anyone in a role that could influence safety, compliance, or professional standards is suitable and accountable.

Who must be identified?

During the application process information about the following individuals must be submitted to Towing Governance and Regulation (TG&R) team:

• Applicants (sole trader, directors, partners, trustees or committee members - whichever applies for your business)
• Responsible Officers 
• Close associates (including applicants and towing workers)

The applicant must also declare (to the best of their knowledge) whether any applicants, nominated Responsible Officers or close associates:

• Has been charged with or convicted of a disqualification offence
• Is a member of an identified criminal organisation (under Schedule 2 of the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021)
• Has previously been refused, or had cancelled, an interstate towing authorisation.

What assessments are made on identified persons?

This information will be assessed by TG&R against the following requirements of the Towing Services Act 2024:

• a fit and proper person test
• a list of disqualification offences
• a public interest test

If any individual fails to meet these requirements, the business cannot be authorised. In such cases, options may be available to restructure the business to remove those individuals and proceed with the application.

What is a Responsible Officer?

A Responsible Officer is a person nominated and authorised to act on behalf of a towing business. A business may nominate more than one Responsible Officer, but at least one must reside in Western Australia.

Responsible Officers must:

• Be directly involved in the day-to-day management of the regulated towing business
• Be authorised to represent the towing service provider in conducting the regulated towing business 
• Have access to, and be authorised to provide, any information relating to the regulated towing business that is required under the Towing Services Act 2024 
• Be a fit and proper person to represent the towing service provider in the conduct of the regulated towing business;
• Have the capacity to influence compliance with safety standards in relation to the conduct of the regulated towing business. 

Information about Responsible Officers required for a towing business authorisation

• Full name, email address, and phone number
• Residency status (and WA address if applicable)
• National Police Clearance (issued within 3 months prior to an application)
• Statement of Authority (confirming authorisation to act on behalf of the business)

What is a close associate?

A person is a close associate of an applicant for a towing business authorisation, or an authorised towing service provider if the person can influence the management, operations, or integrity of a towing business. Specifically, if the person: 

• holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in the person’s own right or on behalf of any other person), in relation to the towing business, and by virtue of that interest or power is or will be able (in the opinion of the CEO) to exercise a significant influence over or in relation to the management or operation of the towing business; or 
• holds or will hold any relevant position, whether in the person’s own right or on behalf of any other person, in the towing business; or 
• is or will be engaged as a contractor under a contract for services or employed in the towing business.

Information about close associates required for a towing business authorisation

Applicants must consider all close associates when making the fit and proper declaration (see ‘Who must be identified above). However, certain close associates require further reporting:

• Applicants (sole trader, directors, partners, trustees or committee members - whichever applies for your business) and Towing Workers

What are applicants?

The term 'applicants' refers to more than just the individual making the physical application for a towing business authorisation. Applicants are either the sole trader, directors, partners, trustees or committee members - whichever applies for your business. These are the individuals legally responsible for the ownership and control of a towing business and will be particular to the type of business being operated. Seek legal advice if uncertain as to your business’ legal structure.

Details required for a towing business authorisation

• Full name, email address, and phone number
• National Police Clearance (issued within 3 months prior to an application)

What is a towing worker?

A towing worker is an individual (or any person assisting or accompanying that individual) who engages in regulated (crash) towing work to: 

• operate a tow truck; 
• load a vehicle onto a tow truck; 
• tow a vehicle using a tow truck. 

This includes employees, permanent and ad hoc contractors and applies regardless of whether the person operates another unregulated towing business or storage yard. If a person engages in regulated towing work for an authorised towing business or uses an authorised towing business’s ATT form for regulated (crash) towing, they must be specified as a towing worker for the business.

Details required for a towing business authorisation

• Full name, email address, and phone number
• National Police Clearance (issued within 3 months prior to an application)

Applying for a National Police Check

The Towing Services Amendment Regulations 2026 requires applicants for a towing business authorisation to provide a National Police Check (NPC), also known as a Nationally Coordinated Criminal History Check (NCCHC), for all applicants (sole trader, directors, partners, trustees or committee members - whichever applies for your business), responsible officers, and towing workers associated with the authorisation.

Individuals may obtain and supply their own NPC to the applicant business. Alternatively, the business may initiate the application on their behalf; however, the individual must personally sign the application.

All NPCs must be issued within three months prior to the submission of the application and uploaded as part of the application process. Failure to provide the required NPCs or the provision of NPCs older than three months, may delay the approval of a towing business authorisation.

The submission of NPCs directly by individuals to TG&R will not be accepted, unless specifically requested by a DTMI Authorised Officer.

More information on how to apply for an NPC, along with a list of accredited providers offering National Police Checks, is available at: https://www.acic.gov.au/

Reporting Obligations

To ensure a towing business authorisation remains valid it is a requirement that any changes to any of the individuals detailed above must be reported to TG&R. This includes adding or removing responsible officers and towing workers or updating details for individuals already listed and approved. Failure to do so may result in enforcement action and include the suspension or cancellation of a towing business authorisation.

Further Information

The “Preparing for Towing Business Authorisation” guide provides further details, including assessment standards and detailed instructions on how to prepare an application and is available on the Transport WA website.

Contact us

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