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 Sydney and throughout New South Wales, for private clients, law firms, insurers and employers.
How we run workplace investigations in Sydney
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 New South Wales law means for this work
Investigation work in New South Wales requires a Class 2E licence under the Security Industry Act 1997, administered by NSW Police through the Security Licensing and Enforcement Directorate. The old Commercial Agents and Private Inquiry Agents Act 2004 was repealed on 1 July 2022, so a licence issued under that Act is no longer the relevant authority. Ask any operator what they hold and when it was issued.
New South Wales has a dedicated Workplace Surveillance Act 2005 and it is strict. Employers must give notice before surveillance of workers begins. Surveillance in change rooms and bathrooms is prohibited outright. Critically, covert workplace surveillance requires a covert surveillance authority issued by a Magistrate, and conducting it without one is an offence regardless of what the surveillance uncovers.
Optical surveillance in New South Wales is governed by section 8 of the Surveillance Devices Act 2007. The offence is not filming as such. It turns on whether the recording involved entry onto premises or a vehicle without consent, or interference with a vehicle or object without consent. Observation from a public vantage point, without trespass or interference, does not engage section 8, and that is the basis on which lawful surveillance is conducted here.
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 NSW 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 NSW 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 New South Wales
Sydney divides operationally into the CBD and inner south, the inner west, the eastern suburbs, the lower and upper north shore, the northern beaches, the Hills district, Parramatta and the greater west through Blacktown and Penrith, the south west through Liverpool and Macarthur, and the south through St George and the Sutherland Shire. Beyond the metropolitan area we work Newcastle and the Hunter, Wollongong and the Illawarra, the Central Coast, the mid north coast, the northern rivers, New England, the central west and the Riverina.
Where the evidence ends up
- Local Court of New South Wales. Summary crime, apprehended violence orders and civil claims to $100,000.
- District Court of New South Wales. Indictable crime other than murder and treason, civil claims to $1.25 million, and unlimited jurisdiction for motor accident claims.
- Supreme Court of New South Wales. Unlimited civil jurisdiction and the most serious criminal matters.
- NCAT. Tenancy, consumer and commercial disputes, guardianship and occupational discipline.
- Personal Injury Commission. Motor accidents and workers compensation, where most insurer commissioned evidence in this state is tested.
- 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 NSW 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 New South Wales as well as Sydney?
Yes. Sydney 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 NSW 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.
See also Workplace Investigations in Melbourne, our New South Wales coverage and our Sydney page.