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NSW CCTV Camera that Records Audio - Laws in NSW

Discussion in 'Other/General Law Forum' started by Anne Marie 63, 31 March 2015.

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  1. Anne Marie 63

    Anne Marie 63 Member

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    I have had trouble with neighbour for 5 years with constant verbal abuse and her personally damaging property. Banging on our door and entering our yard. She has recently been standing along side the fences - Making very serious physical threats to me. We heard parts of it. but when listening back to the footage was horrified with what she was saying.
    If I have this on Audio from the CCTV footage can this be used in court ?
    I have 2 large signs within view of neighbour saying this property is under constant CCTV surveilance.

    Is there a difference legally between a CCTV camera that records sounds or not? Is my signage enough?

    I have only left my house twice in the past month in my car alone .. and on both occassions she left her driveway directly after me.
     
  2. Anne Marie 63

    Anne Marie 63 Member

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    Note also that she clearly says my name in the Audio - doe's that make a difference ?
     
  3. Sophea

    Sophea Well-Known Member

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    As you probably already know, you can use visual surveillance devices in reasonable locations on your property as long as they are not pointed in a area where people would normally expect privacy.

    With regard to Audio, there are laws regarding the recording of conversations. You are not allowed to record a private conversation without the consent of the other party to the conversation. If you were to tell your neighbour verbally that you are also recording audio and add to your signs that the CCTV footage also includes audio - you might be able to reason that you have warned your neighbour and continued to abuse you and therefore there is an implied consent to the recording.

    However, if you have not gained her consent already I doubt that you will be able to use the sound component of the footage in court as it would have been obtained illegally.
     
  4. Anne Marie 63

    Anne Marie 63 Member

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    Is A conversation still "private " if the abuse is directed at you and your name is mentioned
    ?
     
  5. Sophea

    Sophea Well-Known Member

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    Good question! I'm not 100% sure, its probably an argument that you could put forward to justify the audio footage.
     

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