WA Channel 7 Recording of Employee / Employer Conversation

[TBC1201]

Hi,

On the 7:30 report (ABC) and most of news outlets except 7 it had Adelaide reporter recording sacking with Channel 7 employer - how is that legal to record that conversation? Is Adelaide and Vic and from memory some other smaller states allow covert recording of conversations. Unless I missed some important facts and the employer allowed the meeting to be recorded? If you are allowed to record then I will turn on my iPhone voice recorder overtime I have a one-on-one with manager or HR in secret.

 

[Rob Legat - SBPL]

I'm not a WA lawyer, but my understanding is that you generally cannot record a private conversation in WA. The relevant exceptions are:

(a) The person causing the recording is a party to the conversation and each principal party to the conversation consents to the recording, either expressly or by implication;
(b) Where it is done with lawful permission, such as a warrant; or
(c) It is in the 'public interest' - which is a pretty high barrier.

Then, even having had recorded it there are stringent restrictions on the use of it.

The laws differ from state to state. In Queensland, for example, a party to a conversation can record it without the consent of the other party(ies).

 

[TBC1201]

Yeah I know the general provisions - that are on my legal forums about surveillance devices. The ABC legal team obviously approved it.

I have no idea in world why the employer would agree to evidence being used against them by having a recorded conversation.

Anyway, will stop wasting people's time with pursuing this line of enquiry.