AustraliaMy phone conversations are being intercepted by a private investigator hired by my spouse. Is this legal?
No, it is illegal for a private investigator to intercept your phone conversations in Australia without your consent, as this breaches the Telecommunications (Interception and Access) Act 1979.
What the Law Says
Australian federal law strictly prohibits the interception of telecommunications without lawful authority or consent. This applies regardless of who hires the investigator — including a spouse.
The Telecommunications (Interception and Access) Act 1979 (Cth) makes it a criminal offence to intercept a communication passing over a telecommunications system. This includes phone calls, SMS, and internet-based voice messages.
The law applies to everyone — including private investigators, spouses, and family members. Consent from at least one party to the conversation is required for lawful interception, but even then, private individuals generally cannot lawfully intercept under this Act.
There are very limited exceptions — such as law enforcement with a warrant — but no exception exists for private investigators acting on behalf of a spouse in family disputes.
Statutory TextA person is not guilty of an offence under subsection (1) if the person is a party to the communication and the interception is carried out in connection with the protection of the person’s lawful interests.
— Telecommunications (Interception and Access) Act 1979, s. 7(2)(b) — Exception for lawful interests
Statutory TextA person commits an offence if the person intentionally intercepts a communication passing over a telecommunications system.
— Telecommunications (Interception and Access) Act 1979, s. 7(1) — Offence of interception
What to Do
Contact Victoria Police or your state police immediately — unauthorised interception is a serious criminal offence.
Preserve any evidence (e.g., suspicious call logs, recordings you may have, investigator’s business details).
Seek legal advice from a family lawyer or privacy law specialist.
Consider applying for a restraining order or injunction if harassment or stalking is occurring.
Report the private investigator to the Australian Communications and Media Authority (ACMA) and your state’s private security regulator.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.