Friday, 16 January 2009

Is recording a conversation legal?

This could protect your rights in the course of your duty or for the protection
of your lawful interests which contains dealings with worksafe, your legal advisors
and the insurers and their cronies.

If you are defending a workcover claim then you would be within your rights
to record certain conversations to protect your lawful interests!

That will stop them lying about your claim details etc.

Prohibition on use of a listening device

(1) A person shall not—

(a) use any listening device to overhear record
monitor or listen to any private conversation
to which he is not a party; or
(b) except in the course of any legal proceedings
or in accordance with the provisions of subsection

(2) communicate or publish the
substance or meaning of any private
conversation overheard recorded monitored
or listened to by the use of any listening
device, whether he was a party thereto or
not—without the consent express or implied of the
parties to the private conversation.

(a) if the person is a corporation—500 penalty
(b) in any other case—40 penalty units or
imprisonment for a term of 2 years or both.

(2) Notwithstanding anything in paragraph (b) of subsection

(1) it is not an offence for a person who
was a party to a private conversation to
communicate or publish the substance or meaning
of the private conversation which he has recorded
by means of a listening device if the
communication or publication is no more than is
reasonably necessary in the public interest or in
the course of his duty or for the protection of his
lawful interests.( s. 4)

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