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Employing a private investigator (PI) is an action that many people and companies undertake in Australia in an effort to find clarity, truth, or evidence. Whether it is to find out about infidelity or to find missing individuals or in child custody cases, the services of the private investigators can be invaluable. But the question arises: Is it legal or is it dangerous to employ a private investigator in Australia? We will discuss the legal environment, the limits of professional investigation, and intelligent applications of professional investigation services.
Legal vs. Illegal uses of private investigators
The employment of a private investigator in Australia is completely permissible – provided it is employed in legal situations. Professional PIs have to be licensed by state or territory laws and are subjected to tight regulations.
Legal uses include:
- Background checks
- Insurance investigations
- Monitoring on suspected fraud or infidelity.
- Locating missing persons
- Serving legal documents
- Asset tracing
Illegal uses include:
- Placing covert surveillance in personal homes without permission.
- Stealing emails, phones or social media accounts.
- Possessing a false identity of a law enforcement, or lying to gain access to confidential information.
- Invasion of private property.
Recognized investigation firms such as AusCovert Investigations will make sure that no techniques used are against any laws in Australia and therefore, the client will have confidence that the evidence obtained can be used in the court of law.
Can You Sue Someone for Hiring a Private Investigator?
In the majority of cases, merely the employment of PI is not a factor that can lead to a lawsuit. But when the PI oversteps into the law, then one can file a lawsuit on matters like invasion of privacy or defamation.
For example:
- When the PI trespasses on the private premises.
- Where the surveillance is done where there is reasonable expectation of privacy (e.g. in a home)
- In case of the spread of false or defamatory information due to the investigation.
That is why it is important to select a licensed and moral investigation agency. AusCovert Investigations will conduct its business within the confines of the law and ethics to ensure that its clients and subjects of investigation do not get into unnecessary legal issues.
Understanding Your Rights When Hiring a PI
In hiring a private investigator in Australia, you too have rights and responsibilities:
- You are entitled to services that are in line with local laws.
- You have a right to a written agreement or contract of the scope and purpose of the investigation.
- You will then be updated regularly and provided with a final report of the findings.
- You must not promote the PI to do something unlawful or unethical.
In collaboration with AusCovert Investigations, the clients are informed clearly on what they can or cannot do. Our highest priorities are transparency, professionalism and legality.
The Difference Between Ethical and Unlawful Surveillance
One of the most requested services of a PI is surveillance, yet it is a thin line between lawful monitoring and illegal intrusion.
Ethical surveillance includes:
- Tailing in the streets.
- Capturing pictures or videos in a crowd.
- Watching over the activities that can be seen without intruding and spying.
Unlawful surveillance includes:
- Recording calls or placing covert cameras without permission.
- Following somebody with unauthorized GPS devices.
- Listening to personal conversations.
In AusCovert Investigations, any surveillance is carried out quietly and within the confines of the law, without jeopardising any of the evidence or the reputation of the client.
What to Do in Case someone hires a PI against you
When you suspect that you are being spied on, then you must first calm down and evaluate the situation. Cues that a PI may be stalking you include:
- Repeatedly seeing the same car or person.
- Noticing a person taking pictures or trailing you around.
- Finding strange electronic equipment in the house or the office.
You can do something by:
- Talking with a lawyer on your rights to privacy.
- Calling the police in case you feel that the PI is behaving illegally.
- Hiring your own independent investigator to verify and report the surveillance.
Keep in mind, when a PI is operating within the law, there is often little grounds to sue. Yet when lines are overstepped the law may be in your favor.
Should You Hire a Private Investigator to Do Child Custody?
When it comes to family law issues that are emotionally-charged, such as when dealing with child custody cases, employing a PI is one tactic that could be effective. These can assist in recording:
- Whether a parent is following the custody arrangements.
- Unsafe/inappropriate conduct by a co-parent.
- Drug abuse, neglect or domestic violence.
Factual, documented evidence is required by courts to prove custody decisions and AusCovert Investigations investigators are trained to get evidence in a legal and humane way. It is worth talking to your lawyer about any PI involvement though, to make sure that it will be admissible in court.
Choosing Licensed Agencies Like AusCovert Investigations
The best choice in hiring a PI is a licensed reputable agency. In Australia, every state and territory has a licensing authority and legitimate agencies are required to be registered.
AusCovert Investigations is a licensed, professional company with an established record of discreet, legal and effective services. Our researchers have been trained in:
- Legal surveillance
- Report writing and handling of evidence.
- Courtroom presentation
- Ethical conduct
It could be corporate espionage, family issues or background check, our team is professional and experienced in each case.
When a PI is the Call to Make
A PI may be a game-changer, whereas it is not always required. Cases in which it is reasonable to employ a PI would be:
- Feeling that someone is cheating or lying in a relationship.
- Requirement of evidence in a court or insurance case.
- Trying to find a lost individual or debtor.
- Checking backgrounds prior to employment or investment.
AusCovert Investigations provides a free consultation that will help you determine whether you need an investigator or not.
FAQ
The employment of a private investigator in Australia is not illegal and can be of invaluable insight, peace of mind and may yield essential evidence when performed properly. This is because when you select licensed investigators such as AusCovert Investigations, you reduce the risks of being sued as well as maximize your output in an ethical and discreet way. Today, call us and have a private consultation and make the first step towards clarity and resolution.