VIC Voice Recording - Recorded conversation without their consent acceptable?

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Ruibin

Member
22 November 2019
1
0
1
Hello Everyone,

I am an International student. I am involved in a case and I don't understand the relevant legal system in Australia.Therefore, I am here to ask for some help.

1. I would like to consult, in Victoria, if I was secretly recording without consent in a meeting with two other people, did I violate the relevant provisions of the Surveillance Devices Act 1999?
2. This meeting is a meeting of the service provider to explain the contract to me. Is it "private conversation"?
3. About 'Subject to sub-section (2), a person must not knowingly install, use or maintain a listening device to overhear, record, monitor or listen to a private conversation to which the person is not a party, without the express or implied consent of each party to the conversation. ' What is this consent of 'each' party mean? Is it mean I have to get consent of the two other people?

Thank you for your help.

Kind regrad,
R
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
If you were not a party to the meeting then you have broken the law.

If you were a party to the meeting, then you are focusing on the wrong part of the text.

"Subject to sub-section (2), a person must not knowingly install, use or maintain a listening device to overhear, record, monitor or listen to a private conversation to which the person is not a party, without the express or implied consent of each party to the conversation."

If you were a party to the conversation, then section 6 of the Surveillance Devices Act does not apply and you can record the conversation without anyone else's consent.
 
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F1blakes1

Member
21 February 2017
2
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6
A question, if a party is in a phone conversation and the phone is on speaker and both sides of the conversation can clearly be heard in the neighbours property adjacent to the person talking on the phone, can this conversion be recorded? Western Australia