In 2024 a significant change was made to the Unlawful Stalking laws in Queensland. Previously the law in Queensland was silent on tracking devices but the change has made it an offence to use a tracking device to track a person without their consent. This post looks briefly at the section of Queensland law, how it relates to tracking devices and how the law permits surveillance by a licensed investigator. A link to the law is below.

Section 359B - Unlawful Stalking, intimidation, harassment or abuse:

"Unlawful stalking, intimidation, harassment or abuse" is conduct —

(a) intentionally directed at a person (the "stalked person"); and

(b) engaged in on any 1 occasion if the conduct is protracted or on more than 1 occasion; and

(c) consisting of 1 or more acts of the following, or a similar, type —

...

 (iv) monitoring, tracking or surveilling a person’s movements, activities or interpersonal associations without the person’s consent, including, for example, using technology;

Example—

• using a tracking device or drone to track a person’s movements

• checking the recorded history in a person’s digital device

• reading a person’s SMS messages

• monitoring a person’s email account or internet browser history

• monitoring a person’s account with a social media platform or online social network

 

 

The amendment came about because the government has become proactive on stopping Coercive Control. But the law applies to the use of tracking devices broadly, not just in a domestic relationship. Consent must be given by the person if you are going to use a tracking device to monitor where they are or have been.

There are many more questions that could be raised surrounding this legislative change. This post is not meant to cover all possible scenarios for the use of tracking devices. It is purely to show that if you are using one to monitor a person then their consent is needed.

 

Does the Unlawful Stalking law prevent a private investigator from conducting surveillance?

The Unlawful Stalking law does not prevent a private investigator from conducting surveillance. Section 359D of the Queensland Criminal Code states that unlawful stalking ... does not include "(d) reasonable conduct engaged in by a person for the person’s lawful trade, business or occupation". The question of whether a tracking device can be used by a private investigator on a person without their consent would appear to come down to a courts interpretation of the words "reasonable conduct".

 

It is lawful to hire a private investigator in Queensland to conduct a surveillance investigation for you. If the private investigator you are speaking with is encouraging the use of tracking devices then proceed with caution. It may be best to seek advice elsewhere.

Click HERE for more information on our surveillance services.

 

 

 

NEW SOUTH WALES

It is an offence to use a tracking device in New South Wales. This has been clear for quite some time. Click on the link below to view the New South Wales legislation.

Surveillance Devices Act 2007 (NSW)