VIC Laws on Voice Recording Incoming Phone Calls?

[EllyK]

I am trying to find out what the laws are in Victoria and Australia with regard to voice recording incoming phone calls from clients. I work for a government organisation that is looking at what the record keeping requirements are for this activity.

These recordings may be used as evidence in court, if complaints about the service are raised. How long are we required to keep them? What is the minimum time they should be kept? Who should have access to these recordings?

Are we required to give access to the recordings to anyone specifically if requested? What are the restrictions of access?

Sorry for the multiple questions... I have tried PROV and DoJR without much success. Which legislation would be the most helpful? Where is the best place to find answers to these questions?

 

[Rod]

PROV = Public Records Office Victoria? Thought they only dealt for archival issues, not day-to-day operations.

If Vic Gov: Contact Directory | Victorian Government Solicitor's Office | VGSO

This kind advice should be coming from government lawyers.

 

[EllyK]

Thanks Rod, that is exactly what I needed to know, who is the best person to contact. Thanks so much for your help.

 

[Sophea]

Hi EllyK,

I agree with Rod. Crown Law is intended to support all parts of government with their legal matters. I think your main legal issues will be:

(1) Sound recording laws - which will require you to state at the beginning of the phone call that it will be recorded (its illegal to record a telephone conversation otherwise) and (2) perhaps privacy laws - depending on what sort of information is being discussed.

If the purpose of the calls is to back u up in litigation, it depends what types of legal actions you are expecting but for most negligence claims the statutory limitation period is 3 years and the maximum for any tortious or trade practices type action is generally 6 years, so 7 would be safe to keep the records for.

This and other matters would likely be covered by internal government policy.

 

[EllyK]

Hi EllyK,

I agree with Rod. Crown Law is intended to support all parts of government with their legal matters. I think your main legal issues will be:

(1) Sound recording laws - which will require you to state at the beginning of the phone call that it will be recorded (its illegal to record a telephone conversation otherwise) and (2) perhaps privacy laws - depending on what sort of information is being discussed.

If the purpose of the calls is to back u up in litigation, it depends what types of legal actions you are expecting but for most negligence claims the statutory limitation period is 3 years and the maximum for any tortious or trade practices type action is generally 6 years, so 7 would be safe to keep the records for.

This and other matters would likely be covered by internal government policy.

Thanks Spohea, this is great information, I will pass it onto our legal people. I really appreciate your help.

Cheers

 

[Mike Love]

Hi,

I have had many issues with recording calls in Victoria - including me recording the police on a matter about my stolen item. The police officer changed his story, and I met with the senior sergeant and he looked into it and realised that I was legally allowed to record people.

I understand that the law states you can record without consent, but the issues are more around the "broadcasting" of the recorded call.

If used in court, the judge has discretion as to whether or not it is admissible in court.

I looked up the Telecommunications Act.