Most people ask us essentially similar questions about similar subjects when it comes to private investigator services, so we thought we should set out clearly some of the most common questions and give you the answers - what can be done and what cannot be done by a private investigator in Australia.
WARNING: There are some private investigators including one very high profile PI of very dubious background in Sydney who will assure you he can access all the things we say below cannot be done. They will tell you they have the right connections and if you believe it, then you're in for some surprises. What they will do is promise, then take a good chunk of your money, then come back to you and say no, no trace, but sorry we had to spend your fee to pay off the informers. Believe it? Doesn't matter, because you are not going to complain to police about soliciting a PI to commit criminal acts, are you? And these crooked PIs know it.
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Typical question #1: my partner is using his mobile to speak to a woman behind my back. How can I get the details of the calls or SMS?
Answer: You can't. Not you and not a private investigator can get access to phone records of any kind.
Typical question #2: I know he's seeing a woman when he's away on a trip. Can we track his car with one of those electronic tracking devices?
Answer: No, you can't. Although various GPS tracking devices can be purchased and can legally be owned, it is against the law to use them without the knowledge and consent of the subject to be tracked. These devices are typically used by fleet owners with the knowledge of the drivers.
Typical question #3: I have an internet relationship and am thinking of starting a new life with this person. I want to know what bank accounts he has and what debts he has. I also want to know if he has a criminal record, if he has children and if he has ever been married. Can you access the records?
Answer: No, we can't. All such records are strictly protected in Australia.
Typical question #4: I need a private investigator to bug a phone for me. How much will that cost me.
Answer: probably a few years jail. It is against the law to bug a phone be that by directly wiring into the phone line or by using a wireless transmitter. You won't find a private investigator to bug a phone, you need a criminal.
Typical question #5: My ex-wife moved away with our child. She has custody, but I want to speak with her and she hasn't left any contact details. I know she's collecting sole parents benefits, how much to check social security records or drivers licence records?
Answer: Such records cannot be checked.
Typical question #6: I met a guy on a flight into Sydney recently, but didn't get his full name or contact details. Can you look up the passenger lists for the flight? I have the date and the flight number.
Answer: Not possible, such records are strictly protected.
Most of the people who ask us advice seem to presume that the primary function of a private investigator is to access records and that somehow an investigator has access to restricted or secret records. The prevailing presumption is that 'finding out' is as simple as looking up some database.
A skilled, experienced private investigator can probably find out most (not all) of the information sought in these typical questions, but he won't be doing it by accessing records. An investigator cannot access any records that you cannot access, the investigator has no special authority or privileges.
What the private investigator does have is imagination, ingenuiety, persistance and the gift of the gab. He will find out most of the time, most of the things you want by extracting from the client any potential lead and then going about visiting locations and chatting with people or watching people. It is in the way he will chat to people, in the ingenious ways he will look for leads, that will lead him to information.
Beware of the private investigator who promises he can check all kinds of records and will "do a search" to get you results that you want.
There are some records that the private investigator can indeed check, but you too can check them. Such records are: ASIC company and business records which can reveal of the person you are seeking is or was involved in a business; Land Titles Office (in your state) to find out whether the person owns, is purchasing or used to own propery; Electoral rolls (also known as Population Index, but which derives its data from electoral records); court transcripts (as long as the name and location and approximate hearing date of a matter is known); and bankruptcy records.
The records that are not accessible about individuals are: credit reports, drivers licence records, motor vehicle registration records, telephone records, criminal records, bank and financial institution records, Centrelink records, tax records and records held by the Office of Births Deaths and Marriages. In certain exceptional circumstances a couple of these records can be accessed with an explicit written authority from the subject of the search.
You might come across websites that offer criminal records checks, however, their records are not derived from actual police databases, but from collating a variety of information from various sources including newspaper reports and court transcripts. This means such information is incomplete and not necessarily verified.
If you want to find out something, ask the investigator what he can do. If he all too readily assures you of successful outcomes and an ability to access all kinds of records, then beware. Any experienced and ethical private investigator will plainly tell you what cannot be done and he won't promise successful outcomes.
The only thing he should promise is a diligent and honest approach in his work.
