VIC Teacher Calling Daughter Weird on Voice Recording

[Chris26]

My daughter came to me and played a voice recording on her phone of one of her teachers telling her she doesn't belong there and she is weird.

 

[Rod]

May not have been a genuine message. Kids are good at faking stuff these days. May have been a prank call.

 

[sammy01]

I'd contact the school to discuss. The voice recording is illegal but it would appear to be poor form on the part of the teacher. But, look I'm a teacher and I know some of the stuff I say sounds bad and because of technology I don't prank about like used to. It is unfortunate. I used to like threatening to rip out kids' fingernails or throw them out the window and I only did it with kids who knew my sense of humour, but I have been caught out with kids using voice recording devices.

Oops, sorry, bit of a rant. Look, if there is a context that mitigates the words then start there. I know I definitely call kids weirdos but I don't think I'd ever tell a kid they didn't belong. So talk to the teacher, if you're not satisfied, talk to the principal. If nothing else, it will put the teacher on notice that they will not get away with that sort of stuff.

 

[JackBaron]

Tell your daughter to stop taking illegal recordings of her teacher. Call the principal if you have a problem and I'm sure it will be dealt with.

 

[AllForHer]

@JackBaron has a point - the recording would be inadmissable as evidence in court if attained without the permission of the teacher.

 

[Mike Love]

My understanding is, in Victoria, that even if a recording is made without permission, the judge ultimately has discretion as to the admissibility of that recording for evidence.

 

[Iamthelaw]

Was it a voice mail message or a recording of a conversation between the teacher and your daughter herself?

I'd contact the school to discuss. The voice recording is illegal

Tell your daughter to stop taking illegal recordings of her teacher.

@JackBaron has a point - the recording would be inadmissable as evidence in court if attained without the permission of the teacher.

In either case of the above - These posts are not accurate, especially in Victoria.

 

[Mike Love]

A follow on question... If you record a phone call in Victoria without the other guy knowing, if he asks you if you are recording the call, is the law that you must then answer truthfully?

 

[Rod]

The law is hard to pin down on this issue. Truth or lie is not the issue, it is what flows from the conversation that is important. Will he suffer any damage by you lying? If not he has no cause of action against you. Will you necessarily know if he suffers any damages? Not in this example.