Private Audio Recording

The following excerpt is taken from an article published by the Clarence Valley Review in regard to Council recording audio and video in the the council chamber foyer.

"..... The Review lodged a further enquiry with the NSW Department of Justice, regarding which legislations were applicable: “The Workplace Surveillance Act 2005 does not apply to audio surveillance,” the department wrote.

“The Surveillance Devices Act 2007 prohibits the audio recording of private conversations without consent.

“ ‘Private conversations’ are defined to mean those where the circumstances reasonably indicate that the people having the conversation desire that it only be listened to by themselves, or by other persons with their consent.

“A conversation which occurs in circumstances where it can be reasonably expected that it will be overheard is not a private conversation.

“Private conversations can be recorded in some situations with the consent of a principal party [perhaps the council in this situation] to the conversation for specified purposes, for example, protecting the lawful interests of that principal party.

“The Surveillance Devices Act 2007 does not prohibit the recording of any conversation that is not private.

“Whether or not a conversation is private will depend on the factual circumstances of the individual matter."

PLEASE NOTE: NFH recommends that you seek qualified legal advice if you intend to record private conversations.


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