VIC Are face to face voice recordings admitted as evidence?

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8 May 2018
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Hi everyone.
Can someone use a smartphone to record an in-person conversation without the other party being aware that their voice is being recorded, and use the materials of this recording as evisence? If it's not lawful then what are the possible exceptions? I know someone who explicitly admits that they have done too many acts of falsification and dishonesty and say I can't get caught because I will simply deny it due to the lack of solid evidences. I thought using this method to turn them in.
 

Rod

Lawyer
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27 May 2014
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Can someone use a smartphone to record an in-person conversation without the other party being aware that their voice is being recorded, and use the materials of this recording as evidence?
In Victoria, yes as long as you are looking after your own legal interests. Doesn't apply if you are doing it for other reasons and doesn't apply in all states.

Whether you achieve your purpose is another point altogether. The court may still has discretionary power to refuse to look at the evidence, or admit the evidence and give it no weight.

You may be able to get consent from the police to do it in certain circumstances.
 
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Tim W

Lawyer
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28 April 2014
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The law around making recordings is complex,
and it is easy to commit offences while doing so
(quite apart from the myriad reasons why a recording
might not be admitted as evidence).

We have answered questions on this topic several times here.
You may find an archive search helpful.
 
8 May 2018
2
0
1
In Victoria, yes as long as you are looking after your own legal interests. Doesn't apply if you are doing it for other reasons and doesn't apply in all states.

Whether you achieve your purpose is another point altogether. The court may still has discretionary power to refuse to look at the evidence, or admit the evidence and give it no weight.

You may be able to get consent from the police to do it in certain circumstances.
Thanks heaps
 

Cobra1972

Well-Known Member
3 June 2018
39
3
124
The simple answer is....Yes, as long as you are party to the conversation and initiate that recording..... it is used all the time.