Hidden Risks of Hiring a Private Investigator in Australia

Although you might be thinking that hiring a private investigator (PI) is the magic wand that will speed up the evidence collection process in a complex legal situation like divorce or custody dispute, this move can be filled with very serious legal and privacy repercussions that cannot be ignored.

The Australian legislation is quite strict against unlawful actions of PIs, with PIs having to conform to their state regulations and the national and state data protection laws. If the skills of the PI go beyond what is legal – for instance, if they come to your place of residence without your consent, resort to physical surveillance, and use illegal techniques such as hidden cameras, GPS trackers, or hacking your activities – your evidence can become inadmissible, and you may be charged with a crime as well.

All are courses that the individual or the method used in accomplishing the task must have been selected wrongly or unlawfully can take, and therefore, the case will be at stake, as well as the person. This guide will help you to learn about challenges of hidden investigations in NSW, Queensland, and Victoria and teach you the ways of safe conduct.

Can You Get in Trouble for Hiring a Private Investigator?

Normally, hiring a PI is legal, provided that the task you request from them is perfectly okay by law. Nevertheless, if you hire someone to engage in some criminal activity, you could be legally responsible.

Legal advisers, in this case, recommend that a private detective should not take the job if it is illegal. In practice, this means that to be compliant with the law, one should be careful to hire a PI who does not cross the line of ethical behavior.

In other words, the person who handles your PI is the person who breaks the law. For example, if you ask a private detective to make an illegal recording of a person’s private life or to act rudely to someone in your name, you will definitely be charged as an accomplice.

Some crimes involve particularly harsh punishments. One of the New South Wales laws is the ADVO law. Persons who are subject to a domestic violence protection order shall be punished as a criminal if they employ a PI to monitor any of the protected people. Violation, by employing the PI to stalk or harass an individual, can result in heavy fines and even imprisonment for both the private investigator and the client.

One of the most important things to remember about private investigations is that hiring a PI isn’t the act itself that is prohibited, but it may become so if any infringement of the law is involved in the work. Always make sure your investigation is legal and avoid such risks.

Things That Are Illegal When Private Investigations Are Conducted

• Impersonate policemen or use false identities to obtain personal information.
• Conduct unauthorized surveillance.

Consequences: If an investigator violates the rules, the consequences can be severe. Evidence gathered illegally will not be allowed in court. Thus, not only is your chance to use the evidence eliminated, but both the PI and the client may face criminal charges or lawsuits.

For example, if the PI records a phone call without knowledge or plants a bug in someone’s house, the information cannot be used and the PI can be charged under the Surveillance Devices Act.

Key Legal Grey Areas in Australian Surveillance Laws

The surveillance laws of Australia differ from state to state. Investigators must comply with both federal and state regulations.

• Federal: The Privacy Act 1988 and the Australian Privacy Principles regulate what kind of personal information can be collected and how it can be used.
• States: Each state has its own Surveillance Devices Act. For example, the Surveillance Devices Act 2007 (NSW) prohibits secretive installation and use of recording or video streaming devices without consent.

Complications:

• Different states may require different levels of consent for recordings.
• Drones are a modern challenge, regulated under both privacy and aviation laws.
• Federal vs state privacy principles may overlap depending on the case.

Licensing is also state-based:

• NSW: Security Industry Act (police-issued licence).
• Queensland: Office of Fair Trading.
• Victoria: Victoria Police Licensing Branch.

This makes it essential to hire only qualified, licensed professionals.

Is It Illegal to Hire a Private Investigator to Follow Someone?

Not at all. Hiring a PI to follow someone is not automatically illegal. Professional detectives can legally perform observations in public spaces to gather lawful evidence.

However, PIs must not:

• Trespass.
• Intimidate.
• Use illegal surveillance methods.

Exceptions: If the person being followed is protected by a restraining order or AVO, any surveillance becomes illegal. Hiring a PI to stalk, harass, or intimidate is also a crime nationwide.

What Can Happen if a Private Investigator is Hired to Track You?

If you find out or suspect that someone hired a PI to follow you, remember:

• Being observed once in public is usually not illegal.
• Repeated or aggressive surveillance may be considered harassment or stalking.
• Keep records (photos, license plates) if you feel unsafe.
• Report intimidation or stalking to police.
• Consult a lawyer if surveillance occurs during legal disputes.

Safe, Licensed Options Like AusCovert Investigations

Despite the risks, there are also legitimate, fully licensed firms that operate safely and legally.

Example: AusCovert Investigations

• Government-licensed agency.
• Operates in Sydney, Brisbane, Melbourne, and more.
• Holds a valid Master Licence (No. 000105323).
• Employs qualified investigators who comply with all privacy and surveillance laws.

Working with licensed firms ensures:

• Evidence remains admissible.
• You are protected from legal liability.
• Investigations are conducted ethically.

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