Private Investigator SA

Magnum Investigations works across South Australia, from metropolitan Adelaide through the Hills and the Fleurieu to the Riverland, the Limestone Coast, Eyre Peninsula and the Far North. Our work covers surveillance, factual investigation and evidence gathering for private clients, law firms, insurers and employers.

How private investigators are licensed in South Australia

South Australia licenses investigators under the Security and Investigation Industry Act 1995, which was formerly called the Security and Investigation Agents Act. It is administered by Consumer and Business Services, with South Australia Police handling fingerprinting and probity checks on the regulator’s behalf. South Australia is one of the few jurisdictions where the licensing body is a consumer affairs regulator rather than the police.

Section 6 creates an investigation agent’s licence, and it comes in two distinct categories that matter when you are choosing who to engage:

  • Restricted to inquiry work. Obtaining information about persons, locating missing persons and gathering evidence for legal proceedings. This is the category that matters for investigation work.
  • Restricted to collection work. Debt collection, repossession, executing legal process and recovering rates or taxes.

South Australian licences are renewed every twelve months, considerably shorter than Western Australia’s three year term, and if a licence lapses a fresh application is required rather than a renewal. Business applicants must hold at least $10,000 in net assets. Licensing appeals in South Australia go to the Administrative and Disciplinary Division of the District Court, not to the state tribunal, which catches people out.

Ask any investigator which category their licence carries. Inquiry work and collection work are not the same authorisation.

What surveillance is lawful in South Australia

The Surveillance Devices Act 2016 replaced the old Listening and Surveillance Devices Act 1972, and it contains something no other state offers.

South Australia is the only jurisdiction with an express exception for licensed investigators. Section 4(2)(b)(iv) for listening devices and section 5(4)(a)(iv) for optical surveillance devices both disapply the prohibition where the device is used by the holder of an investigation agent’s licence authorising inquiry work, in the course of their functions as an investigation agent, and where the use is reasonably necessary for the protection of the lawful interests of a person.

That is a meaningful advantage for a client with a genuine South Australian matter. It is also conditional, and the conditions are the whole point. The exception attaches to a properly licensed inquiry work agent acting in the course of their functions with a real lawful interest to protect. It does not attach to an unlicensed operator, to a collection only licence, or to curiosity.

  • Tracking devices, section 7. No investigator exception. Determining the location of a person without consent, or of a vehicle or thing without the consent of the owner or person in lawful possession, is prohibited. Covert vehicle tracking by an investigator in South Australia is not lawful.
  • Data surveillance, section 8. No investigator exception either.
  • Publication, section 9. There is a specific restriction on what a licensed investigator may do with material gathered under the section 4 and section 5 exceptions. Release is limited to prescribed persons and prescribed circumstances. In practice that means material obtained under the investigator exception cannot simply be handed to a client to use as they please, and any operator who suggests otherwise has not read the section.

Penalties are materially higher than in Western Australia, at $15,000 or three years imprisonment for an individual and $75,000 for a body corporate on the core offences. Note also that the definition of private activity in section 3 excludes activity in a public place or activity that is readily observable, which is the practical gateway for ordinary surveillance work.

The new federal privacy tort applies everywhere

On 10 June 2025 a statutory tort of serious invasion of privacy commenced under Schedule 2 of the Privacy Act 1988. It has two limbs, intrusion upon seclusion and misuse of information, and it operates nationally regardless of which state the conduct occurred in. A claimant must show a reasonable expectation of privacy, that the invasion was serious, and that the privacy interest outweighs any countervailing public interest.

There is no carve out for private investigators. Journalists, law enforcement and intelligence agencies are exempted. We are not. That is a good reason to work with an operator who takes the boundaries seriously rather than one who treats them as an obstacle.

The above is general information about how we operate, not legal advice. For advice on your own circumstances, speak with your lawyer.

Investigation services across South Australia

Every service we run is available throughout the state:

Where we work in South Australia

Metropolitan Adelaide is the bulk of the work. Operationally it breaks into the CBD and inner ring through Adelaide, North Adelaide, Norwood, Unley and Prospect, the north through Salisbury, Playford, Elizabeth and Gawler, the north east through Tea Tree Gully, Campbelltown and Modbury, the eastern foothills through Burnside, Mitcham and up into Stirling and the Adelaide Hills, the west through Charles Sturt, West Torrens, Port Adelaide, Henley and Semaphore, and the south through Marion, Holdfast Bay, Onkaparinga, Noarlunga and Aldinga.

Beyond the metropolitan area we work across the Adelaide Hills, the Barossa, the Fleurieu Peninsula and Kangaroo Island, the Limestone Coast through Mount Gambier and Naracoorte, the Murray and Mallee through Murray Bridge, Berri and Renmark, Yorke and the Mid North through Port Pirie and the Clare Valley, Eyre and Western through Whyalla, Port Augusta, Port Lincoln and Ceduna, and the Far North including the Flinders Ranges and Coober Pedy.

South Australia is more compact than Western Australia or Queensland, which makes regional work here more practical than in most states. It is still not free. We will tell you what travel to Mount Gambier or Port Lincoln adds before you commit to it.

Where the evidence ends up

  • Magistrates Court of South Australia. Summary criminal matters and smaller civil claims, with registries at Adelaide, Christies Beach, Elizabeth and Port Adelaide, plus country courts at Berri, Mount Gambier, Murray Bridge, Port Augusta, Port Lincoln, Port Pirie and Whyalla.
  • District Court of South Australia. Mid tier criminal and civil work, and the Administrative and Disciplinary Division that hears investigator licensing appeals.
  • Supreme Court of South Australia. The highest state court, including the Court of Appeal.
  • SACAT. Residential tenancy, guardianship and administration, mental health, review of government decisions, and professional discipline. Note that it does not cover investigator licensing.
  • South Australian Employment Tribunal. Workers compensation and return to work disputes under the Return to Work Act 2014. This is the principal forum for insurer commissioned surveillance in this state.
  • Federal Circuit and Family Court of Australia. Family law is federal, heard through the Adelaide registry.

Frequently asked questions

Do private investigators need a licence in South Australia?

Yes, an investigation agent’s licence under the Security and Investigation Industry Act 1995, issued by Consumer and Business Services. Check whether it is endorsed for inquiry work or only for collection work.

Is South Australia different from other states on surveillance?

Yes, and materially. It is the only jurisdiction with an express exception in its surveillance devices legislation for licensed inquiry work investigation agents, at sections 4(2)(b)(iv) and 5(4)(a)(iv).

Can a private investigator use a tracking device in South Australia?

No, not covertly. The investigator exception does not extend to section 7, so tracking a person or vehicle without the relevant consent remains prohibited.

Can I do whatever I like with the evidence?

Not with material gathered under the investigator exception. Section 9 limits release to prescribed persons and circumstances, which is something to discuss at the outset rather than after the fact.

Do you cover regional South Australia?

Yes, from the Limestone Coast to the Far North. The state is compact enough that regional work is generally more practical here than elsewhere.

Speak to an investigator about a South Australian matter

Every enquiry starts with a confidential conversation about what you actually need. Call 1300 792 283 or get in touch for a free consultation and a written quote before any work begins.

See also our Adelaide page and our national coverage.

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