sec.6Who is a private investigator

### sec.6 Who is a private investigator A private investigator is a person who, for reward— obtains and gives private information about another person, without the other person’s express consent; or carries out surveillance for obtaining private information about another person, without the other person’s express consent; or investigates the disappearance of a missing person. Despite subsection (1) , a person is not a private investigator merely because— the person— is the employee of a person who does not, for reward, obtain and give information; and as an employee, obtains and gives information about another person; or the person— is an employee of a person who, for reward, obtains and gives information; and as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or the person, for reward, gives information about another person from existing records in the person’s possession or in the possession of the person’s employer. a retail department store’s employee who obtains information about the credit standing of a person who has applied for the store’s credit card Each of the following persons is not a private investigator in carrying out the functions of the person’s occupation or employment— an Australian legal practitioner or an Australian legal practitioner’s employee; an accountant or an accountant’s employee; a person carrying on the business of insurance or an employee of the person; a person carrying on the business of an insurance adjustment agency or an employee of the person. Also, an independent investigator is not a private investigator in investigating and reporting on the grievance for which the independent investigator is engaged. In this section— accountant means— a person registered as an auditor under the Corporations Act ; or a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’. Australian legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2007 . independent investigator means a person, other than a public service employee, who is engaged to investigate and report on a grievance lodged by a public service employee under the Public Sector Act 2022 . private information , about a person, means information, including information recorded in a document, about— for an individual—the individual’s personal character, actions, business or occupation; or for a person other than an individual—the person’s business or occupation. s 6 amd 2002 No. 13 s 124 sch ; 2007 No. 15 s 7 ; 2009 No. 25 s 83 sch ; 2013 No. 39 s 43 sch 1 ; 2022 No. 34 s 365 sch 3 (sec.6-ssec.1) A private investigator is a person who, for reward— obtains and gives private information about another person, without the other person’s express consent; or carries out surveillance for obtaining private information about another person, without the other person’s express consent; or investigates the disappearance of a missing person. (sec.6-ssec.2) Despite subsection (1) , a person is not a private investigator merely because— the person— is the employee of a person who does not, for reward, obtain and give information; and as an employee, obtains and gives information about another person; or the person— is an employee of a person who, for reward, obtains and gives information; and as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or the person, for reward, gives information about another person from existing records in the person’s possession or in the possession of the person’s employer. a retail department store’s employee who obtains information about the credit standing of a person who has applied for the store’s credit card (sec.6-ssec.3) Each of the following persons is not a private investigator in carrying out the functions of the person’s occupation or employment— an Australian legal practitioner or an Australian legal practitioner’s employee; an accountant or an accountant’s employee; a person carrying on the business of insurance or an employee of the person; a person carrying on the business of an insurance adjustment agency or an employee of the person. (sec.6-ssec.4) Also, an independent investigator is not a private investigator in investigating and reporting on the grievance for which the independent investigator is engaged. (sec.6-ssec.5) In this section— accountant means— a person registered as an auditor under the Corporations Act ; or a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’. Australian legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2007 . independent investigator means a person, other than a public service employee, who is engaged to investigate and report on a grievance lodged by a public service employee under the Public Sector Act 2022 . private information , about a person, means information, including information recorded in a document, about— for an individual—the individual’s personal character, actions, business or occupation; or for a person other than an individual—the person’s business or occupation. - (a) obtains and gives private information about another person, without the other person’s express consent; or - (b) carries out surveillance for obtaining private information about another person, without the other person’s express consent; or - (c) investigates the disappearance of a missing person. - (a) the person— (i) is the employee of a person who does not, for reward, obtain and give information; and (ii) as an employee, obtains and gives information about another person; or - (i) is the employee of a person who does not, for reward, obtain and give information; and - (ii) as an employee, obtains and gives information about another person; or - (b) the person— (i) is an employee of a person who, for reward, obtains and gives information; and (ii) as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or - (i) is an employee of a person who, for reward, obtains and gives information; and - (ii) as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or - (c) the person, for reward, gives information about another person from existing records in the person’s possession or in the possession of the person’s employer. Example of paragraph (a) — a retail department store’s employee who obtains information about the credit standing of a person who has applied for the store’s credit card - (i) is the employee of a person who does not, for reward, obtain and give information; and - (ii) as an employee, obtains and gives information about another person; or - (i) is an employee of a person who, for reward, obtains and gives information; and - (ii) as an employee, obtains and gives information about another person to the employer other than for the purpose of the employer giving the information to someone else for reward; or - (a) an Australian legal practitioner or an Australian legal practitioner’s employee; - (b) an accountant or an accountant’s employee; - (c) a person carrying on the business of insurance or an employee of the person; - (d) a person carrying on the business of an insurance adjustment agency or an employee of the person. - (a) a person registered as an auditor under the Corporations Act ; or - (b) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or - (c) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or - (d) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’. - (a) for an individual—the individual’s personal character, actions, business or occupation; or - (b) for a person other than an individual—the person’s business or occupation.