If you've only ever seen private investigators on TV, you'd be forgiven for thinking they can do almost anything — hack phones, break into buildings, bribe witnesses. The reality in NSW is quite different, and understanding what a licensed PI can actually do is the first step to knowing whether one can help you.
The short answer: a licensed private investigator in NSW can do a lot — but everything must be lawful. Here's what that means in practice.
Who can legally work as a private investigator in NSW?
In NSW, anyone working as a private investigator must hold a valid licence issued by SLED — the NSW Police Security Licensing and Enforcement Directorate. This is a requirement under the NSW Security Industry Act 1997.
There are different licence classes for different types of work. The most relevant for investigation work is a Class 2E licence. Operating as a PI without a valid licence is a criminal offence.
Before engaging any private investigator in Sydney or anywhere in NSW, always ask for their licence number and verify it. Fortis Analytica holds Security Master Licence No. 000110505.
A quick way to check whether a PI is licensed in NSW is to ask for their Security Licence number and verify it with SLED. Any legitimate investigator will give you this without hesitation.
What a private investigator can legally do in NSW
Surveillance in public places
A licensed PI can legally observe and record a person's activities in any public place — streets, parks, car parks, shopping centres, and anywhere the public has access. This includes taking photos and video. There is no reasonable expectation of privacy in a public space, so this is entirely lawful.
Background checks using open sources
A PI can legally gather information about a person or business using publicly available sources — court records, business registrations, social media, property records, and other open databases. This is called open-source intelligence (OSINT) and forms the backbone of most background check work.
Interviewing people who consent to speak
A PI can speak with anyone who is willing to talk. This might include neighbours, former colleagues, or associates of the subject. The key word is consent — no one can be compelled to speak with a PI.
Database and records searches
Licensed investigators have access to certain lawful databases not available to the general public. These can include historical address records, vehicle registration information, and other permitted sources — all within the boundaries of the Australian Privacy Act 1988.
Process serving
Private investigators commonly serve legal documents — court papers, subpoenas, and similar — on behalf of law firms and individuals.
What a private investigator cannot legally do in NSW
Just as important is understanding what's off the table. A licensed PI in NSW cannot:
- Access private communications — phone calls, messages, or emails — without consent
- Place a listening device in a private location without authorisation under the NSW Surveillance Devices Act 2007
- Trespass on private property
- Access government databases without proper authority — including police records, ATO records, or Medicare data
- Impersonate a police officer or government official
- Obtain information through deception or misrepresentation in ways that breach applicable law
- Conduct surveillance on a person in a way that constitutes stalking or harassment under the Crimes (Domestic and Personal Violence) Act 2007
Any PI who tells you they can do these things is either lying or operating outside the law. Either way, any evidence obtained unlawfully is unlikely to be admissible in court — and could expose you to legal liability as well.
Does it matter for court proceedings?
Yes — significantly. If you intend to use the findings of a private investigation in any legal proceeding — family court, workers compensation, a civil claim — the evidence must have been gathered lawfully. Courts will not admit unlawfully obtained evidence, and in some cases its use can damage your position entirely.
A properly licensed Sydney private investigator understands how to gather and document evidence to a standard that holds up. This is one of the most important reasons to use a licensed professional rather than attempting surveillance yourself.
What does this mean for you?
If you have a situation where you need answers — whether it's a personal matter, a business concern, or something that may end up in legal proceedings — a licensed private investigator in Sydney can help you get those answers legally, professionally, and in a way you can actually use.
The first step is a conversation. We'll listen to your situation and tell you honestly what's achievable — and what isn't.
Have a question about your specific situation?
Every enquiry is free and confidential. We'll explain what a licensed private investigator in Sydney can do for you — and whether it makes sense to proceed.