LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Mobile Phone Bugged - Take Legal Action?

Discussion in 'Defamation Law Forum' started by Furious, 25 March 2015.

  1. Furious

    Furious Member

    Joined:
    24 March 2015
    Messages:
    2
    Likes Received:
    0
    Hi I have just found out 99% chance that my mobile phone has been bugged. What legal action can I take against these people. The violation and humiliation it has caused is just horrible. I am an anxious mess. It was done by a family member (not my husband).

    Hi this is the first time I have done this so hope I'm doing the right thing. I am pretty sure my mobile was bugged by Bluetooth in January. There was a few things that happened on the day that rang alarm bells which but ended up taking icons off my mobile and strange stuff happening. My phone is under surveillance at the moment they are trying to match it with a spyware and give me details. Hopefully I should have this by Tuesday. I do 100% know it is bugged though as they have said things they could only of read and I have set them up a few times and they have stuffed up. I know it is a federal offence to do this and it will go through the police. What are my legal rights do I have, I plan on suing them as much as possible they have wrecked my life. I am a nervous wreck. I am going to lose my marriage my home, my poor children are going to have to move schools. I am extremely close to my ex and I will admit we are having an emotional affair but we are not having s*x. Can you please let me know what my options are.

    My phone is currently been investigated for been bugged. We are sure it has been but have to find exact details. This was done by my inlaws as they believed I was cheating on their son. I wish to sue them as I have lost every bit of my dignity. What are my options?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Furious,

    The act you are after is the Commonwealth Telecommunications (Interception and Access) Act 1979, it was enacted to protect the privacy of individuals using telecommunications systems in Australia. Section 7 of that act prohibits the interception of communications passed through a phone system and prohibits access to stored communications, except in specific cases - ie you are a law enforcement authority, emergencies etc. It is an indictable offence carrying a max prison sentence of 2 years.

    In addition, section 107A provides civil remedies (which you need to pursue yourself in court). So basically you can apply to the Federal Court of Australia or a court of a State, which has authority to grant you as an "aggrieved person" remedial relief as they consider appropriate. This will usually be by a sum of compensation.

    Therefore, I would recommend that you first, upon confirming that your phone is indeed bugged by your inlaws, take the evidence you have to the federal police and advise them of what has happened. Then talk to a lawyer about suing them under the civil remedies section of the act.
     
  3. Furious

    Furious Member

    Joined:
    24 March 2015
    Messages:
    2
    Likes Received:
    0
    Thankyou so much. It is going to the police, I have already been dealing with them. I personally plan to sue them though, to have your privacy violated like this is just horrible. A phone conversation is between two people. I am not sure how you ever recover from something like this.
     

Share This Page

Loading...