Are Private Investigators Legal in Australia? - Criminal Defence Lawyers Australia

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Private investigators are often portrayed in movies and television as shadowy, trench coat-wearing individuals who operate outside the bounds of the law. However, the reality is far less romantic – with private investigators being a strictly regulated profession throughout Australia.

The following explores the legal rules related to private investigations in Australia, including who can become a private investigator, what they can do and what actions could fall foul of the law.

For customised legal advice about your particular circumstance, contact our criminal lawyers Sydney office to book a consult. This article is otherwise not to supplement legal advice.

Table Of Contents

What is a Private Investigator?
Are Private Investigators Legal?
What Do Private Investigators Do? | What Can Private Investigators Legally Do in Australia?
Private Investigators in Apprehended Domestic Violence Orders
Laws Around Private Investigators and How to Become a Private Investigator
Who Can Hire a Private Investigator?
Can You Sue Someone for Hiring a Private investigator?
Do Private Investigators Work With Police?
Who Cannot Become a Private Investigator?
Private Investigators in Northern Territory
Private Investigators in Queensland
Private Investigators in South Australia
Private Investigators in Tasmania
Private Investigators in Victoria
Can you Become a Private Investigator Without a License? | Penalties for Illegal Private Investigators in NSW

What is a Private Investigator?

A private investigator or detective will collect, review, analyse and report relevant information to their clients in respect of their clients legal or personal affairs. This work includes but is not limited to verifying peoples backgrounds, investigating crimes and finding missing persons. Their overall role is to uncover the truth across a variety of circumstances.

A private investigator is a professional investigator whose purpose is to find accurate and reliable information for their clients.

Are Private Investigators Legal?

Private investigators are legal in Australia. A private investigator’s activities must comply with privacy and surveillance laws of the relevant State or Territory of Australia. The Surveillance Devices Act 2007 in New South Wales regulates the use of listening, optical, tracking, and data surveillance devices. Private investigators are prohibited from using such devices without appropriate authorization, and any unauthorized recordings cannot be published or communicated unless specific exceptions apply, such as obtaining consent or addressing imminent threats.

Here is more on secretly recording laws.

What Do Private Investigators Do? | What Can Private Investigators Legally Do in Australia?

Licensed private investigators can undertake a range of investigative and surveillance activities on behalf of individuals, businesses, and legal professionals.

The type of work that private investigators can legally do include verifying personal information, conducting background checks, locating missing persons, witnesses, or debtors, and investigating suspicions of infidelity or misconduct. Additionally, private investigators are often engaged to collect evidence for use in civil or criminal cases.

What Can’t Private Investigators Do?

Despite being licensed, private investigators do not have extraordinary powers and must operate within the same legal boundaries as ordinary citizens.

Private investigators cannot use force during their work unless acting lawfully in self-defence or other circumstances excused by law. They are also prohibited from carrying or using firearms, tasers, or OC aerosol spray in their investigations.

A private investigator must not impersonate a police officer or suggest they are conducting work on behalf of law enforcement. Doing so can result in significant criminal penalties.

Finally, private investigators are subject to laws prohibiting unauthorized access to digital devices, stalking, harassment, or making threats. Breaching these laws can lead to serious consequences, including imprisonment and loss of licensing.

Private Investigators in Apprehended Domestic Violence Orders

It is illegal for a defendant of an Apprehended Violence Order or an apprehended domestic violence order (AVO/ADVO) to use a private investigator to stalk or follow the person in need of protection (PINOP) of that AVO/ADVO. Doing so will constitute a breach of the AVO/ADVO attracting heavy criminal penalties, including imprisonment- especially if it is domestic violence related. The private investigator involved can also face the same penalties by reason of complicity in the crime if knowledge is established.

In NSW, section 4A of the Crimes (Sentencing Procedure) Act 1999 requires the court to impose on an offender an imprisonment or supervised order penalty for coming a domestic violence offence.

A domestic violence offence is an offence committed against another person who you have or had a domestic relationship with. These offences include a personal violence offence, or a coercive control offence under section 54D(1) of the Crimes Act 1900 (NSW).

A personal violence offence includes a raft of offences under the Crimes Act 1900 (NSW) of Part 3 ‘offences against the person’, including wounding, assault occasioning actual bodily harm, grievous bodily harm, choking, suffocating and strangulating, common assault and stalk or intimidation.

For further advice on domestic violence laws, get in touch with our domestic violence lawyers in Sydney for a confidential consultation.

Laws Around Private Investigators and How to Become a Private Investigator

In all jurisdictions in Australia except for the ACT, a private investigator must be licensed by an appropriate authority.

In NSW, private investigator licenses (known as Class 2E Security Licenses) are issued by NSW Police under the Security Industry Act 1997 (NSW). A “private investigator” under the Act refers to an individual employed or engaged to perform either or both of the following activities:

Investigating a third person’s whereabouts, business, or personal affairs on behalf of another party (excluding their employer);
Conducting surveillance on a third person on behalf of another party (excluding their employer).

To be eligible for a Class 2E security license, applicants for a private investigator license will have to complete and achieve at least a CPP30619 Certificate III in Investigative Services from an approved accrediting body. An application can be made online. Furthermore, a Master security licence authorises the holder to provide a specified number of licensed investigators on any one or more days to conduct security work.

Private investigators are regulated by the Security Licensing Enforcement Directorate (SLED).

Who Can Hire a Private Investigator?

Generally, anyone can hire a private investigator as long as the activity the private investigator is asked to do is lawful. For example, if a private investigator is aware that the work being asked to do is unlawful, then the investigator must refuse to do it. Otherwise, they may become complicit in the crime, face serious criminal penalties and risk losing their license.

Can You Sue Someone for Hiring a Private investigator?

A private investigator who works outside the ambit of their lawful role can be subject to being sued if as a consequences of their improper or unlawful investigation activities a victim is placed at a loss-financially, mentally, and/or physically. Examples include, being sued for financial damages or injury caused to a victim as a result of the investigators illegal or improper activities. The person who hires a private investigator may also be complicit in any illegal or improper investigative activities if that person was aware of, encouraged or assisted the private investigator in executing the illegal or improper conduct.

If you hire a private investigator to stalk or harass another person, this will constitute an illegal criminal offence of stalking and/or harassing pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The criminal responsibility can extend not only to the private investigator, but to the person who hired the private investigator.

The offence of intimidation only occurs if you intimidate a person with the intention of causing fear of physical or mental harm (or at least knowing the conduct is likely to cause the same). The prosecution is not required to prove that the alleged victim actually feared physical or mental harm. “intimidation” is defined as conduct amounting to harassment; an approach by any mean that causes fear for safety; or conduct that causes a reasonable apprehension of violence, injury to the alleged victim, damage to property, or harm to an animal that belongs or belonged to the alleged victim.

When the Court tried to work out whether the alleged conduct amounts to “intimidation”, regard can be had to any pattern of violence in the alleged offender’s behaviour, especially violence constituting a domestic violence offence.

Do Private Investigators Work With Police?

Private investigators can and sometimes do work with police. This will usually arise in circumstances of an investigation of serious and complex crimes to facilitate the interest of justice. Private investigators can be very helpful in gathering essential and crucial evidence to assist in criminal investigations.

Criminal defence lawyers may also retain the services of private investigators to assist them in complex and serious criminal cases to investigate further evidence that may exculpate the accused which may result in the withdrawal of the charges through negotiations with the prosecution.

Who Cannot Become a Private Investigator?

Under the Security Industry Act 1997 (NSW) (the Act), police must refuse an application for a private investigator license if the applicant:

Is under 18;
Is a registrable person under child protection laws;
Provides false or misleading information;
Australian citizenship or appropriate visa status;
Fails to meet fitness, competency, or training requirements.

Discretionary refusals may occur if the license conflicts with public interest or if criminal intelligence raises concerns about improper conduct. Former police officers may also be denied a license if it creates a conflict of interest, although conditional approval may be granted to avoid conflicts.

Outside NSW similar eligibility rules apply to be issued with a private investigator license, however the appropriate authority often differs.

Private Investigators in Northern Territory

In the Northern Territory, licenses for private investigators are issued by local courts under the Commercial and Private Agents Licensing Act 1979 (NT). Applicants must be at least 18 years old, not bankrupt, and not subject to discretionary objections. There is no mandatory training requirement in the NT.

Private Investigators in Queensland

In Queensland, licenses for private investigator are issued by the Office of Fair Trading under the Security Providers Act 1993 (Qld). Applicants must be at least 18, complete an approved training course, and be deemed appropriate to hold a license.

Private Investigators in South Australia

In South Australia, licenses for private investigators are issued by the Office of Consumer & Business Affairs under the Security and Investigation Agents Act 1995 (SA). Applicants must be 18 or older and hold a Certificate III in Investigative Services.

Private Investigators in Tasmania

In Tasmania, licenses for private investigators are issued by the Department of Justice under the Security and Investigations Agents Act 2002 (Tas). Applicants must be 18 or older, hold a Certificate III in Investigative Services, and have no disqualifying offences.

Private Investigators in Victoria

In Victoria, licenses for private investigators are issued by Victoria Police under the Private Security Act 2004 (Vic). Applicants must complete a Certificate III in Investigative Services (valid within 12 months), meet probity requirements, and comply with conditions on licenses.

Finally, in Western Australia licenses for private investigators are issued by WA Police Service under the Security and Related Activities (Control) Act 1996 (WA). Two types of licenses exist: Inquiry Agent (who manages investigations) and Investigator (who conducts investigations), with eligibility dependent on the type of license applied for.

Can you Become a Private Investigator Without a License? | Penalties for Illegal Private Investigators in NSW

Conducting private investigation activities without a valid license could result in serious criminal penalties.

In NSW, under section 7(2) of the Security Industry Act 1997 (NSW) it is an offence to carry out private investigation activities without a license. This offence carries a maximum penalty of 500 penalty units and/or 2 years imprisonment.

In addition, breaching the Surveillance Devices Act 2007 in NSW will also attract heavy criminal penalties.

It is important that before embarking upon the profession of a private investigator, you should be across the laws surrounding this profession.

By Jarryd Bartle and Jimmy Singh.

Published on 09/02/2025