Gold Coast and Brisbane Personal Injury Lawyers, No Win No Fee, explain the legalities of secret recordings in Qld.
No Win No Fee Personal Injury Lawyers are often met with the situation where a client has secretly recorded conversations they want to use in support of their personal injury claim. The question then has to be asked, is that recording legal?
If All Participants to a Conversation Agree it is Always Legal to Record
Obviously if all the parties have agreed to the conversation or meeting being recorded, then there is no need to question legality. In Australia and all States, including Queensland, it is legal to record where all the parties involved are agreeable. However, what about secret recordings?
The laws that apply to secret recordings of conversations are different in each State.
No Win No Fee Personal Injury Lawyers Explain What the Laws are in Queensland
Where you ‘re a party to the conversation being recorded
Generally, in Queensland, it’s legal to make a recording of a face to face conversation you are involved in. This is even where all the parties are not aware of the recording. Take for instance, the recent headline Queensland case of Gable Tostee who secretly recorded his Tinder dates. This is legal in Queensland and he was able to use the recording of his date with Warriena Wright, and in particular, the recordings of the hours leading up to her fall from the balcony of the highrise on the Gold Coast which caused her death, in his trial to prove his innocence.
Taping telephone conversations
However, a telephone conversation can only be recorded by a person involved in the conversation using an external device eg. a recorder separate from the phone such as a dictaphone. It is illegal to record a telephone conversation with a device physically attached to the telephone, unless both parties are aware of the recording. This is why you will hear a warning that your phone call is being recorded when you telephone certain businesses.
The same laws apply in Victoria and the Northern Territory.
Recording conversations you aren’t a party to
Secretly taping conversations that you’re not a party to, is different. It is illegal in Queensland and Australia. If you aren’t a party to the conversation and you record it, you can face a fine of up to $4,876 or up to two years imprisonment. The fines are much heftier in Victoria ($37,000) and the Northern Territory ($38,500).
What About the Laws in Other Australian States?
The other States in Australia have stricter laws regarding the secret recording of conversations. New South Wales law for example only permits the taping of conversations where all parties have given their permission for the recording, or a principal party to the conversation wants the recording believing it is reasonably necessary for the protection of their interests. But the recording cannot be made for the purpose of sharing it in any way.
Non-compliance in NSW results in quite harsh penalties for individuals and businesses. Penalties are five years imprisonment, or fines of $55,000 for corporations in breach and up to $11,000 for an individual.
Western Australia has similar laws, with penalties of up to 12 months imprisonment and/or fines of $5,000 for individuals and $50,000 for body corporates.
And what does a Court accept as being a “lawful interest” in these States? Well, the cases where NSW Courts have accepted secretly recorded conversations as legal are:
- A case where a conversation was being had about property arrangements where there was an existing litigated property dispute;
- During a commercial meeting to ensure an accurate record of discussions about commercial interests;
- Where the principal party was concerned the other party to the conversation was being irrational, where a previous agreement was being rescinded.
BUT BE WARNED – You Can’t Use Even Legal Recordings at Will
Even if you tape a conversation and it is legal to do so in the circumstances, this doesn’t mean you can simply disclose it as you please.
In Queensland, Victoria and Western Australia, if you publish or share a secret recording you have made with anyone else, then you can face jail time of up to 2 years, and huge fines. And the only exception to this rule is if everyone to the recorded conversation consents, or if it is in the public interest or for the protection of your legal rights (eg. in a court proceeding).
Thinking about making a secret recording? You should seek legal advice before you do or before you use a secret recording you have made. In some cases, a Court may not look favourably on a party who has secretly recorded a conversation (eg. where it appears they have “set up” the unknowing party or baited them).
Secret Recordings can Assist in Work Injury Claims Involving Bullying, Harassment or Unreasonable Management Action
But in Queensland, where the recording is made legally, by a party to the conversation and the recording party has clearly not used their sole knowledge of the recording to their advantage during the discussions, then a recording can be of great assistance in a legal proceeding. This is particularly the case where bullying and harassment or unreasonable management action is alleged in work injury claims.
In such cases, it is often difficult for workers to prove this type of behaviour by co-workers, supervisors or managers in the workplace. Having a recording of such behaviour by the offender goes a long way to prove that the bullying, harassment or unreasonable behaviour of management took place as alleged.
No Win No Fee Personal Injury Lawyers – Gold Coast & Brisbane Personal Injury Lawyers
No Win No Fee Personal Injury Lawyers specialise in personal injury law and accident and injury compensation claims. If you suffer an injury due to a workplace accident, a motor vehicle accident, due to medical negligence or the wrongful or negligent actions of another party, then we can help you achieve the compensation you are entitled to and need to protect you for the future.
What is a No Win No Fee Personal Injury Law Firm?
We are a no win no fee personal injury firm. What does it mean when we talk about no win no fee ? This means that you will not be charged for the legal work performed to achieve compensation for your claim, until you receive your compensation. And only if you achieve compensation for your claim.
The no win no fee service means that you really do have nothing to lose in pursuing your personal injury claim. It also means that you don’t need to have the financial capabilities to pursue your claim, as we bear the financial burden for you, until you receive your injury compensation.
We also provide FREE legal advice 24/7, as to whether you have a valid claim to pursue and what your entitlements are to injury compensation.
Contacting No Win No Fee Personal Injury Lawyers For FREE Legal Advice
To contact us you can FREE call 1300 388 383 or Chat with us online via our Livechat service on this website. You can also send us an Enquiry by submitting one of our on site forms, requesting a FREE callback or consultation, or a FREE appraisal of your case.
We are Brisbane Personal Injury Lawyers, with our law offices situated at Level 22, Northbank Plaza, 69 Ann Street in Brisbane City. And our Gold Coast No Win No Fee Personal Injury Law Office is situated at Level 13, 50 Cavill Avenue, Surfers Paradise on the Gold Coast. However, No Win No Fee Personal Injury Lawyers provide their services to all Queensland.
All enquiries are 100% FREE of charge and they are totally confidential and without any obligation whatsoever.
Personal Injury Claims in Queensland are Subject to Time Limits for Bringing Your Claim
Time limits apply to personal injury claims in Queensland. These time limits are very strict. If you miss them, then you will lose your right to claim. Extension of these time limits is rarely achieved and can only be obtained by a Court Order.
If you miss the time limit for bringing your claim, then you will lose all rights whatsoever to injury compensation. This could mean you miss out on significant compensation payments. So don’t delay in contacting No Win No Fee Personal Injury Lawyers today.