VIC Surveillance Devices Act 1999

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23 June 2021
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Hi everyone,

Please help me with my issue with my school. I am a Year 12 student in a public school in Victoria.

I decided to voice record my teacher in class which were face to face and I was a student in that class and there were also other students in the class at the time. I did not get the permission from any of my classmates and the teacher. My intention is only to record what the teacher said in class. The only reason why I voice recorded the teacher is for my educational purposes. When I get home, I listened to the recording to see if I missed something and try to understand something that I was confused about.

I never transfer the recording to anyone. I never upload the recording to social media or any publications. I never show anyone the recording. I did not use the recording for any other purposes rather than for my education. The recordings are safe and secure within my control.

Today, I let me teacher know that I voice recorded her class and she said it is illegal to do so because I did not get her permission. I did not ask for her permission because I think it is legal to voice record without her permission because I only use the recording for my education purposes.

My school did not have any internal policy about voice recording in class and they said I have committed an offence according to the law and they requested me to submit all the recordings to them to investigate.

According to the law, do you think that I have committed any offence?
If I did or didn’t commit any offence does the school have the right to ask for the recordings? Do I have to give the recordings to them?

I would be very grateful if you can help with these questions.
 

Atticus

Well-Known Member
6 February 2019
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My school did not have any internal policy about voice recording in class and they said I have committed an offence according to the law and they requested me to submit all the recordings to them to investigate.
Ask them to point to the legislation (Act & section) they say you are in offence of .... The proper authority to investigate are the police... If you get a call from the police, provide them with the recordings.

My thoughts

a) a classroom is a public place & a teacher addressing a class of people is not a private conversation
b) There may be issues around minors & consent anyway
c) you are not an employer of the teacher

The points above may go out the window if it was intended as & was a one on one conversation (or lesson) between yourself & the teacher, even though there were others present in the class.