Your child under 18
Parents and legal guardians are responsible for their children and may monitor a device their child uses. No consent is needed, though we recommend telling them. At 18 they become an adult and the adult rules apply.
Is it legal?
Whose phone can you track in Australia?
The law is clearer than the internet makes it look. Your own child under 18: yes. A company phone with staff who have been told: yes. Another adult, secretly: no, and it is a crime. Use the checker for your situation, then read the detail below.
Can I track this phone?
Sixty seconds to a straight answer
Australian law is clear about whose phone you can monitor. Answer three questions and we will tell you where you stand and what to do next. General information, not legal advice.
The law
What the rules actually say
Employees on company devices
Employers may monitor company-owned devices when employees have been notified in writing. NSW sets the standard: the Workplace Surveillance Act 2005 requires notice at least 14 days before surveillance starts, stating what is monitored and how. Victoria, the ACT and other states have their own provisions. Covert surveillance of staff needs a magistrate's authority.
- Written policy issued and acknowledged
- Company owns the device
- Monitoring limited to what the policy describes
Another adult
Installing a tracking device or software on an adult's phone without their knowledge is an offence under every state's surveillance devices legislation, for example section 7 of the Surveillance Devices Act 2007 (NSW), and intercepting their communications can breach the Telecommunications (Interception and Access) Act 1979 (Cth). Penalties include imprisonment. The evidence is inadmissible and its existence can be used against you in family proceedings.
If you suspect a partner, the lawful route is a licensed private investigator. That is who we are. Read how it works.
With genuine consent
An adult can agree to share their location and activity with you. Consent must be informed and freely given, and it can be withdrawn. Couples who share location, carers of an elderly parent and people who want a family member to be able to find them all fall here.
Legal questions, answered plainly
Is it legal to track my child's phone in Australia?
Yes. A parent or legal guardian may install monitoring software on a device used by their own child under 18. Once your child turns 18 they are an adult and their consent is required.
Can my employer track my work phone?
Yes, if the phone is owned by the employer and staff have been given written notice. In NSW the Workplace Surveillance Act 2005 requires at least 14 days notice, and other states have similar rules. Covert workplace surveillance requires a court order.
Is it legal to track my partner's phone?
Not without their knowledge and agreement. Installing tracking software on another adult's phone covertly is an offence under state surveillance devices laws (for example the Surveillance Devices Act 2007 in NSW) and can breach the Telecommunications (Interception and Access) Act 1979. Evidence gathered that way is not admissible. If you have suspicions, a licensed investigator can help lawfully.
Can I track a phone I own but someone else uses?
Owning the phone is not enough on its own where the user is an adult. What matters is whether the adult using it knows and agrees, or, for staff, has been properly notified under workplace surveillance law. For your own child under 18, ownership plus parental responsibility is sufficient.
What about tracking an elderly parent?
With their agreement, yes, and it is a common and caring use. Where a person has lost capacity, speak to their guardian or attorney and to a lawyer, as the rules depend on the guardianship arrangements in place.
Is this legal advice?
No. This page and the checker are general information about Australian law as we understand it, prepared to help you avoid an obvious mistake. Laws differ between states and change over time. For advice about your own situation, speak to a lawyer.
Still unsure? Ask a person who deals with this every day
Call 1300 776 873. We will tell you where you stand and what to do next, even if the answer is not to buy from us.
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