Is skip tracing legal in Australia?
Yes. Skip tracing is lawful in Australia when it is carried out by a licensed investigator, for a legitimate purpose, using lawfully obtained information.
Two separate bodies of law apply. The Privacy Act 1988 (Cth) and the Australian Privacy Principles govern how personal information may be collected, used, stored and disclosed. Separately, investigator licensing is regulated by each state and territory — there is no single national licence. Where a matter relates to debt recovery, the joint ACCC and ASIC Debt Collection Guideline also governs conduct.
What makes a trace unlawful is not the act of locating someone. It is doing so without a licence, without a legitimate purpose, or by obtaining information through means the law does not permit.
Investigator licensing by state and territory
Australia has no national investigator licence. Each state and territory licenses inquiry agents and investigators under its own legislation, administered by its own regulator.
| Jurisdiction | Regulator | Governing legislation |
|---|---|---|
| Victoria | Victoria Police | Private Security Act 2004 (Vic) |
| New South Wales | NSW Police — Security Licensing & Enforcement Directorate (SLED) | Commercial Agents and Private Inquiry Agents Act 2004 (NSW) |
| Queensland | Office of Fair Trading | Security Providers Act 1993 (Qld) |
| Western Australia | WA Police | Security and Related Activities (Control) Act 1996 (WA) |
| South Australia | Consumer and Business Services | Security and Investigation Industry Act 1995 (SA) |
| Tasmania | Department of Justice | Security and Investigation Agents Act 2002 (Tas) |
| Northern Territory | Local Court | Commercial and Private Agents Licensing Act 1979 (NT) |
| ACT | Access Canberra | Agents Act 2003 (ACT) |
Licensing requirements and regulator names change from time to time. This table is provided as general information and is not legal advice.
How we operate lawfully
We confirm the purpose before we start
Every engagement begins by establishing why the person is being located and whether that purpose is legitimate. Where it is not, we decline the matter. This protects the instructing party as much as the subject.
We collect only what the matter requires
Under the Australian Privacy Principles, personal information must be collected only where it is reasonably necessary for the function being performed. We do not gather or retain information beyond the scope of the engagement.
We use information only for the purpose it was collected
Information obtained in the course of a matter is not repurposed, resold, or used for any other client or engagement.
We record and disclose our sources
Every report sets out the searches performed and the information obtained at each stage, so the basis of the result can be explained to a court or to your own client.
We hold documentation securely
All documentation and information remains confidential and is housed at a secure location, with access limited to those working on the matter.
We decline matters involving protective orders
We do not accept instructions where an intervention order, family violence order or similar protective order may be in place, or where the purpose appears to be harassment, stalking or intimidation.
Debt recovery: the additional obligations
Where a trace supports debt recovery, conduct is additionally governed by the joint ACCC and ASIC Debt Collection Guideline, which sets expectations for creditors and collectors on contact, disclosure and the handling of a debtor's personal information.
Two consequences follow for clients. First, identity must be established before recovery steps are taken — contacting the wrong person about a debt is both a privacy breach and a complaint. Second, tracing and collection are distinct activities: locating a debtor does not involve contacting them, and we do not undertake collection activity as part of a trace.
Why this matters commercially
For law firms, insurers, lenders and collection agencies, engaging an investigator is a supplier due-diligence decision. If information is obtained improperly on your instruction, the regulatory and reputational exposure does not remain with the provider — it reaches the firm that instructed them, and the client they act for.
That is the practical reason to ask whether a provider is licensed, what sources they use, and whether their reporting will stand up if the basis of a result is ever challenged. We are happy to answer all three before you instruct us.
Legality and compliance — common questions
Is skip tracing legal in Australia?
Yes. Skip tracing is lawful in Australia when it is carried out by a licensed investigator, for a legitimate purpose, using lawfully obtained information. The activity is governed by the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and investigator licensing is regulated separately by each state and territory.
Do skip tracers need a licence in Australia?
Yes. Conducting investigations or inquiry work for a fee requires a licence in every Australian state and territory. Licensing is administered at state level — for example, by Victoria Police under the Private Security Act 2004 (Vic), and by the Security Licensing & Enforcement Directorate in New South Wales. Engaging an unlicensed operator exposes the instructing party to risk as well as the operator.
What law governs skip tracing in Australia?
The Privacy Act 1988 (Cth) and the Australian Privacy Principles govern how personal information may be collected, used, stored and disclosed. Investigator licensing is governed by state legislation. Where the matter relates to debt recovery, the joint ACCC and ASIC Debt Collection Guideline also applies to conduct.
Can a skip tracer access my credit file?
Credit reporting information is separately and strictly regulated under Part IIIA of the Privacy Act 1988. Access is limited to permitted purposes by permitted entities. A skip trace does not involve providing a credit report to a client.
Is it legal to find someone's address in Australia?
Locating a current address is lawful where there is a legitimate purpose — serving legal documents, recovering a debt, administering an estate, or reconnecting with family — and the information is obtained lawfully. It is not lawful where the purpose is harassment, stalking, or contacting a person protected by a court order.
What information can a licensed investigator lawfully use?
Public registers, court and property records, company and directorship records, bankruptcy and insolvency registers, open-source and publicly available information, and subscription databases that are themselves operated in compliance with the Privacy Act. What may be accessed differs by jurisdiction and by the purpose of the engagement.
Will you tell me where the information came from?
Yes. Every report records the searches performed and the information obtained at each stage, so the basis of the result is transparent and can be explained to a court or to your own client if required.
What happens to my information after the matter closes?
Information supplied to us is collected only for the purpose of the engagement, used only for that purpose, and held securely. Documentation remains confidential and is stored at a secure location.
Do you take instructions where an intervention order is in place?
No. We decline matters where an intervention order, family violence order or similar protective order may be in place, or where the purpose of the enquiry appears to be harassment or intimidation. We confirm the purpose of every engagement before work begins.
Why does my firm need to care whether the tracer is licensed?
Because risk transfers. If an unlicensed or non-compliant operator obtains information improperly on your instruction, the exposure — regulatory, reputational and to your own client — does not stay with the operator. For professional clients this is a supplier due-diligence question, not a formality.
General information only
This page explains how we operate and summarises the legislative framework that applies to licensed investigators in Australia. It is general information, not legal advice, and it does not account for the circumstances of any particular matter. Where a legal question turns on the specifics of your situation, obtain your own advice.
Questions about how we operate?
We are happy to confirm our licensing, our sources and our reporting standard before you instruct us.
Licensed by Victoria Police · 20+ years' experience · Australia-wide