Have Australian Law Questions? Ask a Lawyer Now.
The definition of a private conversation is in the act part 1 section 4.
"private conversation" means any words spoken by one person to another person or to other persons in circumstances that may reasonably be taken to indicate that any of those persons desires the words to be listened to only:
(a) by themselves, or
(b) by themselves and by some other person who has the consent, express or implied, of all of those persons to do so,
but does not include a conversation made in any circumstances in which the parties to it ought reasonably to expect that it might be overheard by someone else."
The recorded conversations were not private conversations, they were conducted in public lobbies and hallways a number of people were listening in and a number of people were participants. The sections you refer to are for private conversations. It is the reason the police gave for not charging me.
In regard to the defamation these documents were circulated to at least 6 people including senior management, and possibly their office staff it appears to be common knowledge around the premises.