Workplace Investigations Canberra

Workplace investigations get organisations into trouble more often through process than through findings. An employer who reaches the right conclusion by the wrong route can still lose an unfair dismissal claim, and an employer who runs covert monitoring without the authority to do so has created a second problem while investigating the first.

We provide workplace investigations in Canberra and throughout the Australian Capital Territory, for private clients, law firms, insurers and employers.

How we run workplace investigations in Canberra

We run workplace matters as a defined process with the allegations put clearly, the respondent given a genuine opportunity to answer, and every step documented as it happens rather than reconstructed afterwards. Scope is agreed in writing at the start. Where surveillance of workers is contemplated, the legal position in the relevant jurisdiction is settled before anything begins, because that is where employers most often come unstuck.

What the Australian Capital Territory law means for this work

Investigation work is not among the security activities licensed under section 7 of the ACT’s Security Industry Act 2003. The more useful question in Canberra is what licence an operator holds for work that crosses into New South Wales, because a great deal of it does. Queanbeyan is about fifteen minutes from the CBD and it is New South Wales, where a Class 2E licence under the Security Industry Act 1997 is required.

This is where the ACT is stricter than most states. The Workplace Privacy Act 2011 covers optical, data and tracking surveillance where an employer surveils workers. Section 13 requires fourteen days written notice, section 17 requires visible notice on tracked vehicles, section 41 prohibits surveillance in toilets, change rooms and similar areas, and sections 26 to 28 require a covert surveillance authority from the ACT Magistrates Court before any covert workplace surveillance. Section 35 makes doing it without that authority an offence.

The ACT has no general statute regulating private optical surveillance outside the workplace. What applies instead is the stalking offence in section 35 of the Crimes Act 1900, which expressly covers surveillance and watching a place where a person lives, works or visits on two or more occasions, and where prosecutors need not prove actual fear. The border is the bigger issue: the moment work crosses into New South Wales, section 8 of the Surveillance Devices Act 2007 applies and it is considerably stricter.

None of that is a formality. The rules differ genuinely between Australian jurisdictions, and evidence gathered outside them is frequently inadmissible and can expose the person who gathered it. Working inside the ACT framework is what makes the result usable.

The federal statutory tort of serious invasion of privacy, which commenced on 10 June 2025 under Schedule 2 of the Privacy Act 1988, applies on top of ACT law and contains no exemption for private investigators.

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

What you receive

You receive a report setting out the allegations, the evidence gathered against each, the respondent’s answer, and findings expressed to the civil standard with reasons. It is written so that it can be handed to a lawyer, a tribunal or a board without further work.

Where we work in the Australian Capital Territory

Canberra has no local government and is organised into districts built around town centres, which is how work here is best planned. Inner North covers Civic, Braddon, Turner, O’Connor, Lyneham, Dickson, Watson, Ainslie and Campbell. Inner South covers Kingston, Barton, Forrest, Griffith, Manuka, Narrabundah, Red Hill, Deakin and Yarralumla. Belconnen, Gungahlin, Woden Valley, Weston Creek, Molonglo Valley and Tuggeranong each operate as their own centre. We also work the surrounding New South Wales communities that function as part of the Canberra region, including Queanbeyan, Jerrabomberra, Googong, Bungendore, Murrumbateman and Yass.

Where the evidence ends up

ACT Magistrates Court. Civil claims from $25,000 to $250,000, summary crime, and specialist jurisdictions including the Coroners, Childrens, Industrial and Family Violence Courts. It is also the court that issues covert workplace surveillance authorities.
ACT Supreme Court. Serious indictable crime, civil work generally above $250,000, and the Court of Appeal.
ACAT. Civil disputes under $25,000, administrative review, tenancy, guardianship and occupational discipline.
Note that the ACT has no intermediate court. Where other states have a District or County Court, the ACT has only two tiers.
Federal Circuit and Family Court of Australia. Family law is federal, so a family matter runs under Commonwealth law even though the conduct investigated is governed by ACT rules.

Frequently asked questions

Can we investigate an employee without telling them?

Preliminary enquiries are one thing. Covert surveillance of workers is quite another, and in some jurisdictions it requires a court authority before it starts. Getting this wrong can convert a straightforward misconduct matter into a much more expensive problem.

What standard of proof applies?

The balance of probabilities, not the criminal standard. What matters just as much is that the process was fair and documented, because that is what gets tested if the outcome is challenged.

Do you cover regional the Australian Capital Territory as well as Canberra?

Yes. Canberra work can generally be mobilised faster and at lower cost. Regional work carries travel time and expense, and we will tell you honestly whether the likely result justifies it before you commit.

Talk to us about a ACT matter

Every enquiry starts with a confidential conversation about what you actually need, and sometimes that conversation ends with us saying an investigation is not warranted. Call 1300 792 283 or get in touch for a free consultation and a written quote before any work begins.