NSW Video recording of conversation without the knowledge of the other party

Discussion in 'Criminal Law Forum' started by Jermy, 26 April 2018.

  1. Jermy

    Jermy Well-Known Member

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    Hello,

    I am not sure if this falls in Criminal Law forum, but here it is:

    Long story short: I immigrated from overseas and currently Aussi now, I have immediate family problems back in the other country (not calling it home as Australia is my home now), I needed proof from some people (call them A) who talked to my other family members when they visited the other country. This conversation with my other family member is proof for my current situation to help me confirm a situation (no need to go into detail), what I did, is I video recorded one of my visits to A and asked them about that issue, they stated the facts I need to assist me with my case. The video shows person A for couple of seconds only while most of the video is recording a wall (as the camera was hidden), but the sound and picture are clear.

    This recording will be used to prove my point in the other country if it reached the court. I will not use it in any other situation. There were some personal discussions about person A life (we are close) in the recording. I will not use it or show it in Australia and no one will know about it unless if it goes public in the other country but I will try and keep it discreet proceedings.It does not affect person A in anyway. I can say it does not have anything that will negatively affect person A.

    My question is: can Person A take legal action against me if they knew of the recorded visit? I like to consider the following for the answering this: - the video will not be used in Australia, - I will make sure that the video does not end up with Person A, it will be used for my own case and I will make sure that the court does not provided to anyone else, just for the purpose of the court in the other country.

    I appreciate a response from someone who know the legal implications of this (preferably a lawyer),

    FYI: I have recorded my other immediate family in order to obtain supporting proof for my case. I asked a lawyer in the other country and stated that recording without permission of the other person is illegal but if the recording is for the purpose to defend yourself then the law permits it, so I am in the clear with the video recording in the other country but like to see the point of view of the recording in Australia.

    thanks a lot in advance
     
  2. Jermy

    Jermy Well-Known Member

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    I want to clarify that the recording occurred in NSW and person A lives in NSW. Person A visits the other country from time to time (Person A is Australian). The video recording will be used in the other country only.
     
  3. Clancy

    Clancy Well-Known Member

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    Well all i know is the recording is not permissible in court in Australia, and that's about it.

    If the recording somehow became public (even in the other country) then they may have an avenue to sue you in Australia for breach of privacy? Not sure?
    Given that the opposition (in the other country) may be given a copy of the recording, they may take revenge by releasing it in public (even if they themselves broke the law in that country to do so)
     
  4. Jermy

    Jermy Well-Known Member

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    Thanks Clancy, I am looking for someone to answer me who has knowledge about the legal implication of the recording, what you mentioned is what I already know (except the recording being shown overseas), I do think that there will be some sort of provisions within the law as to where the recording is allowed, as I mentioned in my first post, the recording is illegal except to defend yourself. So hopefully there will be a similar provisions in the Australian law. Thanks for your comment anyway.
     
  5. Jermy

    Jermy Well-Known Member

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    No one has any other comments????
     
  6. Rod

    Rod Well-Known Member

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    It is hard for me to understand your post and seems to involve laws in another country. I know next to nothing about overseas laws.
     
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  7. Jermy

    Jermy Well-Known Member

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    Hi Rod,

    In simple English, I video recorded a conversation between someone (called "A") and myself which occurred in NSW. This recording will be used in court in overseas if it reached this stage. No one up to now knows about it (Except for this post), the video has clear picture and sound, person "A" is shown in the video only for few seconds as the camera position did not have the person in its sight.

    My question, if the person "A" (who's Australian and lives in NSW whom also visits the other country from time to time) becomes aware of the video recording, will that person "A" be able to take legal action against me? If so, what are the penalties or fines etc...

    I am aware that recording a person (or people) without their consent is illegal. I like to know if there are any exceptions in the law that will allow a person to record someone else without their consent. Please note that the recording will be used in overseas (if needed) and it does not have any negative or sensitive information about person "A".

    I did mention in the other country, it is illegal to record someone without their consent (Video or voice) but the law provides an exception if that recording was recorded to defend or protect the person who took the recording, in this case the recording is admissible in court as evidence and the person who recorded will not be held legally liable.

    I want to know if this is the case in NSW?

    I hope this clears up my post.

    thanks,
     
  8. Rod

    Rod Well-Known Member

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    NSW has a similar law. As long as the recording has no nudie shots and no sex acts you are probably OK.
     
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  9. Jermy

    Jermy Well-Known Member

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    Hi Rod,

    thanks, sorry for the late message but i was travelling. Cheers,
     
  10. Jermy

    Jermy Well-Known Member

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    HI Avin,
    I know this but I want to know if there is an exception!, as in the other country there is an exception and it is common sense that there should be one, but I need to confirm,
    I am planning to ask a lawyer too, not just rely on this forum but I'm out of the country now,
    thanks for your feedback.
     
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