i have recorded on my phone two conversations between my husband…

Dear trudy,

The law that they are referring to is Section 7 of the Telecommunications (Interception) Act 1979 (Cth) and State and Territory listening devices laws may both apply to this activity such as the Listening and Surveillance Devices Act 1972 (SA). The general rule is that the call may not be recorded, however, if you notify the other caller that they are being recorded or if they have 'actual knowledge' that it is being recorded then this prohibition does not apply. I think that unfortunately the policeman in this case is incorrect. Even if someone is the participant in a phone conversation and they record it without the other person's knowledge under my understanding of the relevant law this is a breach of the act. However, having said all of that, you could possible raise defences of self-defence and necessity (that you needed to record these phone calls to protect you life or property because of the threatening and/or violent nature of the phone calls. This could be a viable defence to the matter.

Furthermore, if the abusiveness or threats of violence continue you should seek an AVO against your husband. The police can assist you with this or you could contact the DOmestic Violence Crisis centre on (08) 8223-2200 or 1800 800 098.

Kind Regards,

XXXXX XXXXX