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VIC School Voice Recording Laws

Discussion in 'Other/General Law Forum' started by Carolyn McAinch, 5 August 2015.

  1. Carolyn McAinch

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    Hi there, I am just wondering if I can take a voice recording of my children's school day without anyone's knowledge?

    The teacher is picking on my 2 children in her class and I would like to hear the words to defend my kids the right way.

    Thanks
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Carolyn,

    Here's what you should know: it is LEGAL to secretly record a face to face conversation by a person who is party to the conversation, however it is ILLEGAL to record a conversation by a person who is not party to the conversation.

    Therefore, while it would be your son or daughter who is technically carrying the device to record the conversations that occur at school, my concern is that a court would find that it is in fact you who is recording the conversations and you are not a party to them. For example, if you wired them up and sent them to school wearing a wire or with your phone or other device and instructed them to use it in a certain way. It would clearly be you perpetrating the recording. However if you could establish that it was in fact your children to record what is going on at school then you may be in the clear.
     

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