When you ask, “What is a private investigator?” the answer may not be straightforward. A private investigator is a trained, licensed professional who works discreetly to identify facts, collect evidence, and help clients make informed decisions. In Australia, private investigators assist in a variety of matters: family disputes, corporate issues, legal challenges, missing persons and more, all while using legal methods and ethical practices.
Understanding the Services: What Does a Private Investigator Do?
So what does a private investigator do? Here are some of the most common services offered by licensed professionals in Australia:
Surveillance
Private investigators use lawful surveillance techniques to discreetly observe subjects, usually in public places. This service is commonly used in family law disputes, workplace misconduct claims, and insurance investigations. Surveillance footage and logs can serve as compelling evidence in court or in negotiations.
Background Checks
Hiring a private investigator in Australia is often the first step for individuals or companies needing to verify someone’s personal, criminal, or financial history. Whether you’re vetting a potential employee, business partner, or caregiver, thorough background checks can offer essential peace of mind and help prevent risk.
Locating People
One of the most in-demand services among private investigators in Australia is locating individuals who have disappeared, whether intentionally or simply due to the passage of time. This includes missing persons, debtors, estranged family members, and witnesses required for legal proceedings. Investigators use a combination of open-source intelligence, public records, and databases to trace people effectively and lawfully.
Digital Forensics
As part of modern private investigations in Australia, digital forensics plays an increasingly important role. Investigators can extract, recover or analyse data from computers, smartphones, and cloud platforms. This service is particularly valuable in cases involving cyber harassment, intellectual property theft, or suspected fraud.
Fraud Investigations
Private investigators are frequently hired to uncover fraud. This may involve verifying the legitimacy of insurance claims, identifying dishonest conduct in the workplace, or exposing deceptive financial practices. Investigations are conducted carefully to endeavour to ensure the evidence collected can be used in formal proceedings.
Asset Searches
Whether in the context of family law, business disputes or debt recoveries, uncovering hidden or undisclosed assets can be crucial. Australian private investigators conduct asset tracing using legal and reliable sources to identify property, company interests, trusts, and potentially other financial interests.
Report Writing and Testifying
A critical part of any investigation is the documentation of findings. Private investigators can prepare detailed, structured reports that are regularly used in court or in legal proceedings. In some cases, the investigator may also be required to give testimonial evidence in court proceedings.
Do Private Investigators Work with Police?
While private investigators do not have arrest or enforcement powers, they can cooperate with police or legal teams. Lyonswood frequently works alongside legal counsel and sometimes with the assistance of law enforcement to assist clients. Investigation reports can be the difference between police taking action or not.
Contrasting Roles: What Is a Private Investigator vs. a Police Officer?
Both private investigators and police gather information, but their authority and methods differ. Police serve the public interest, can make arrests, obtain warrants, and investigate criminal matters. Private investigators work for private clients. They are not empowered to enforce the law, arrest, or access restricted information but they are experts at uncovering the truth by any lawful method available.
Investigators operate within legal limits, such as by conducting surveillance, records searches, interviews, and digital analysis. Some Lyonswood investigators have backgrounds in policing or regulatory roles, which enhances their ability to deliver investigations that meet legal standards and stand up under scrutiny.
What Private Investigators Cannot Do Legally
Although private investigators conduct investigations, certain actions are expressly illegal. They cannot:
- Trespass on private property or enter homes without consent
- Use hidden listening devices in areas with a reasonable expectation of privacy
- Impersonate police or government officers
- Hack into personal devices or access restricted digital data unlawfully
- Harass, stalk or intimidate individuals
If evidence is obtained illegally, not only is it inadmissible in court, it may also expose the investigator or client to penalties and licence revocation.
Approaching AVO-Related Cases with Care and Caution
Special care is required when a client or target is subject to an apprehended domestic violence order (AVO). Despite some high-profile cases where PIs were used inappropriately, most of the work done by investigators is for clients with a legitimate need to uncover the truth. Lyonswood supports safe practices and has endeavoured to work with regulators in the past to minimise risks to persons subject to investigation.
Laws Around Private Investigators & How to Become a Private Investigator
Are Private Investigators Legal in Australia?
Yes, they are legal and there is regulation in every state and territory (except the ACT). Investigators must comply with licensing regulations, privacy laws and state surveillance legislation such as the Surveillance Devices Act 2007 (NSW) and federal Privacy Act 1988.
How to Become a Private Investigator in NSW
If you’re wondering how to become a private investigator in NSW, here’s the usual path:
- Complete an accredited training course (usually Certificate III in Investigative Services)
- Be at least 18, have a suitable police record and meet character requirements
- Apply for a licence through NSW Police’s Security Licensing & Enforcement Directorate
- Work for an investigation employer
Once licensed, continuing professional development and compliance with legal boundaries is a must.
Career Opportunities and Growth as a Private Investigator
Demand in certain areas of investigations fluctuates across Australia. Professionals with experience in digital forensics, corporate investigations or background verification are especially sought-after. Experienced investigators can work in firms, start their own agency, or serve legal and business clients.
Who Is Ineligible to Become a Private Investigator?
Not everyone is permitted to work as a private investigator in Australia. In New South Wales, the eligibility criteria are outlined under the Security Industry Act 1997 (NSW), which sets strict standards to ensure that only suitable individuals are granted a private investigator licence.
An application must be refused if the individual:
- Is under the age of 18;
- Is listed as a registrable person under child protection legislation;
- Submits false or misleading information during the application process;
- Does not hold Australian citizenship or an appropriate visa that allows work;
- Fails to meet the mandatory training, competency, or character requirements.
In some cases, the police may also reject an application on discretionary grounds. This could include situations where issuing a licence would not be in the public interest, or where criminal intelligence suggests that the applicant may misuse their position. Former police officers may also face restrictions if there’s a risk of conflict of interest, although a conditional licence might be approved to manage such risks.
These rules are not unique to NSW. Across Australia, similar regulations apply, although the licensing authorities differ by state or territory. Whether you’re looking to become a private investigator in NSW, or elsewhere in Australia, it’s essential to understand the local requirements before proceeding.
Who Can Hire a Private Investigator?
Licence-holders work with a wide range of clients, including: individuals, lawyers, insurers, businesses, government agencies and councils. Anyone seeking verified information, evidence for litigation or business intelligence may engage a PI.
Can You Sue Someone for Hiring a Private Investigator?
Generally, if a private investigator acts within the law, hiring one is lawful. Legal risks and potential lawsuits arise only when surveillance or data collection breaches privacy laws or is used to harass or intimidate. Plaintiffs may sue if evidence is obtained unlawfully or used to harm reputation or privacy – legal advice should be sought where necessary.
Private Investigators by State
In Australia, private investigators are regulated at the state and territory level. While the role is broadly similar across jurisdictions, each region has its own licensing authority, application process, and compliance standards. Below is a quick overview of the key requirements for private investigators in each state, at the time of writing.
Private Investigators in Northern Territory
Private Investigators in NT are regulated under the Security Providers Act. Licence applicants must meet training and criminal check requirements.
Private Investigators in Queensland
Licensed under the Security Providers Act 1993, regulated by the Office of Fair Trading. QLD will introduce tighter client screening rules in 2025.
Private Investigators in South Australia
Follow licence requirements managed by SA Police, focus on privacy compliance.
Private Investigators in Tasmania
PIs must hold licence issued under Tasmanian regulations; training and fit-person vetting required.
Private Investigators in Victoria
Victoria Police licensing oversees PI licences; applicants must complete approved qualifications and background checks.
Can You Become a Private Investigator Without a Licence? Penalties in NSW
Operating as a PI without a licence in NSW is illegal. Penalties can include fines, criminal charges, licence cancellation, and reputational damage. Lyonswood only works with fully licensed professionals compliant with state law.
Trusted Private Investigators in Sydney and Beyond
Lyonswood Investigations & Forensics Group has been headquartered in Sydney for over 40 years. We are proud to offer professional investigation services to clients across Australia and internationally. Our investigators work regularly with law firms, government bodies, insurers and private clients. Whether you are based in New South Wales, Victoria or elsewhere, we can assist.
If you’re looking for reliable support in your area, see our services for private investigators in Sydney and private investigators in Melbourne. If you are considering hiring a private investigator, we invite you to contact us. We will listen carefully, respond promptly, and provide a clear path forward. All in complete confidence.
