{"id":6858,"date":"2017-11-05T03:00:23","date_gmt":"2017-11-04T17:00:23","guid":{"rendered":"http:\/\/nowinnofeepersonalinjurylawyers.com.au\/?p=6858"},"modified":"2018-06-25T07:01:17","modified_gmt":"2018-06-24T21:01:17","slug":"secretly-recording-conversations-legal","status":"publish","type":"post","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/11\/05\/secretly-recording-conversations-legal\/","title":{"rendered":"Secretly Recording Conversations – Is it Legal?"},"content":{"rendered":"
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Gold Coast and Brisbane Personal Injury Lawyers, No Win No Fee, explain the legalities of secret recordings in Qld.<\/p><\/div>\n

No Win No Fee Personal Injury Lawyers <\/a>are often met with the situation where a client has secretly recorded\u00a0 conversations they want to use in support of their personal injury claim<\/a>. The question then has to be asked, is that recording legal?<\/p>\n

If All Participants to a Conversation Agree it is Always Legal to Record<\/span><\/h2>\n

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?<\/p>\n

The laws that apply to secret recordings of conversations are different in each State.<\/p>\n

No Win No Fee Personal Injury Lawyers Explain What the Laws are in Queensland<\/span><\/h2>\n

Where you \u2018re a party to the conversation being recorded<\/span><\/h3>\n

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 <\/a>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.<\/p>\n

Taping telephone conversations<\/span><\/h3>\n

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>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.<\/p>\n

The same laws apply in Victoria and the Northern Territory.<\/p>\n

Recording conversations you aren\u2019t a party to<\/span><\/h3>\n

Secretly taping conversations that you\u2019re not a party to, is different. It is illegal in Queensland <\/a>and Australia. If you aren\u2019t 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.\u00a0 The fines are much heftier in Victoria ($37,000) and the Northern Territory ($38,500).<\/p>\n

What About the Laws in Other Australian States?<\/span><\/h2>\n

The other States in Australia have stricter laws regarding the secret recording of conversations.\u00a0 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

And what does a Court accept as being a \u201clawful interest\u201d in these States? Well, the cases where NSW Courts have accepted secretly recorded conversations as legal are:<\/p>\n