Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Question - I belong to a non-profit organisation as a volunteer,

Customer Question
Question:- I belong to a...
Question:- I belong to a non-profit organisation as a volunteer, & am on the committee. Due to the minutes of the meetings not reflecting the actual occurences at the meetings, I decided to bring my tape recorder into the last meeting to record the meeting. The vice President was aware I was recording, as I told him, however, what I really need to know, is whether my actions are any different to the admin officer recording every meeting without announcing that the meeting is being recorded, & the minutes thereafter, do not show a notation that the meeting was recorded.
Where do I stand in this scenario?
Submitted: 8 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 4 minutes by:
6/16/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified
You need to disclose to everyone you are recording the proceedings or you could be charged under the Listening Devices and Surveillance Act.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information. As such, if my answer has been helpful or informative to you, even if it wasn't necessarily what you wanted to hear, please hit the Accept button.


Edited by Alex on 6/16/2010 at 9:52 AM EST
Ask Your Own Australia Law Question
Customer reply replied 8 years ago

Fine, I already knew that. I certainly weas aware. However, you did not rreply to the fact that the Admin officer is placing a recorder on the desk & recording the meeting, without advising any of us that it is being recorded, nor do the minutes of the meeting reflect that the meeting was recorded, and that the tape is going to be kept. I find it difficult to believe that it is possible to keep a recording on a digital tape recorder.

HYow does my action differ from the action of the admin officer?

Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
It doesn't, the Admin officer could also be charged under the same legislation.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified
Brisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago

I have several further questions pertaining to the recordin.

1. How long does a recording of a meeting have to be kept?

2. Can digital device recordings be actually kept?

3. If a recording was made of an AGM, and there are discrepancies in the minutes of the AGM, can a member request that the recording, (even though illegal, as not advised to all the members present that they were being recorded) be made available for verification?

4. if the tape cannot be produced, whether it be for the AGM or the regular meeting minutes, what action can be taken, if we know that the tape recorder was actually present, but we were not advised?

Customer reply replied 8 years ago
I am awaiting a reply to the above question
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
[QUOTE] 1. How long does a recording of a meeting have to be kept? [/QUOTE]
There is no predetermined period under the legislation.

[QUOTE] 2. Can digital device recordings be actually kept? [/QUOTE]
Yes, so long as everyone was made aware of the fact that the recording was made, it can be kept

[QUOTE] 3. If a recording was made of an AGM, and there are discrepancies in the minutes of the AGM, can a member request that the recording, (even though illegal, as not advised to all the members present that they were being recorded) be made available for verification? [/QUOTE]
If the members at the AGM pass a motion allowing that, yes.

[QUOTE] 4. if the tape cannot be produced, whether it be for the AGM or the regular meeting minutes, what action can be taken, if we know that the tape recorder was actually present, but we were not advised? [/QUOTE]
You can report the incident to the police, and they have the discretion on whether to lay charges or not.
Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Brisbane-Lawyer Your Own Question
Brisbane-Lawyer
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
14,361 Satisfied Customers
Experience: I did my law degree at the University of Queensland

Brisbane-Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
We are an incorp assoc, a member (vice president) threatened
We are an incorp assoc, a member (vice president) threatened violence on another member (sending family members to beat him up). The member is lofdging a formal complaint with the police. The vice pre… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I have queries regarding a not for profit organisation
Hello. I have queries regarding a not for profit organisation incorporated in Qld 1. If two Vice Presidents are correctly nominated before the AGM, and are the only nominations for these positions. Ar… read more
kmslaw
kmslaw
Principal Solicitor
Bachelor\u0027s Degree
209 satisfied customers
Hi there I am treasurer of a local theatre group Gemco Players
Hi there I am treasurer of a local theatre group Gemco Players A0029443J. There was a committee meeting which allocated the volunteer manager of the new theatre "out of pocket expenses" up to $5000 pe… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Just wondering if my Bible study group wanted to become a church
Just wondering if my Bible study group wanted to become a 'church' as a legal entity, what requirements would have to be met? Thanks very much.… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I belong to a golf club which has 1000 male members and 215 female mem
I belong to a golf club which has 1000 male members and 215 female members. It is governed by an executive committee of 10 elected from all club members. Because of the imbalance in membership numbers… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Does some/any of the wording in the following letter constitute
Does some/any of the wording in the following letter constitute bullying and/or harassment – or even a form of blackmail? If so, what is the likelihood of success in an action taken against the Associ… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
I purchased travel vouchers over the phone nov 2010 - as i
hi i purchased travel vouchers over the phone nov 2010 - as i wanted them for my daughters wedding present -she intended to get married in 2011. The vouchers are valued at $99-$750 each (depending on … read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
Hi, As an elected member, I sit on a committee of management
Hi, As an elected member, I sit on a committee of management for an incorporated not for profit community group. - A Conservation Management Network in Victoria. The Network commissions a contractor t… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
Is it a conflict of interest to have a member of staff on a
Is it a conflict of interest to have a member of staff on a Committee of Management. Also is it a conflict to have the husband of a staff member as President of the COM. The person is the husband of t… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Do ex-officio members of the sub-committees of the committee
Do ex-officio members of the sub-committees of the committee of management of a not-for -profit organisation have the same rights as all other members? Do all members of a sub-committee have the same … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Not for profit incorporated org. If the Vice President acting
Not for profit incorporated org. If the Vice President acting as President did not go through the norm process of taking a project through the process of discussion in a committee. On his/her own lodg… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am being bullied at work. I work for a not for profit organisation
I am being bullied at work. I work for a not for profit organisation with a volunteer committee incharge. The volunteer committee say due to them not being able to find the minutes from the committee … read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
I work as a volounteer in a organisation where there are no
I work as a volounteer in a organisation where there are no paid employees. We observe OH&S as if we were employees. Recently I learnt that the Vice President of this organisation has taped recorded m… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I seek the answer to the following. I am the current secretary
I seek the answer to the following. I am the current secretary of the Murray Bowls Association and a problem has arisen and I will explain. We have 4 divisions in pennant with a rule in our By-laws th… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
A not for profit organisation I am a paid member is denying
A not for profit organisation I am a paid member is denying it's members access to minutes of meetings that take place. The organisation in question has a constitution, as per the Associations Incorpo… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Is it a breach of the privacy act to record a meeting (trust
Is it a breach of the privacy act to record a meeting (trust meeting) without the permission of the attendee?… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I have been working nine years for a charity run by commitee
I have been working nine years for a charity run by commitee as their crisis service manager. My husband served on the COM of that charity for 7 years but stayed out of decisions that involved me due … read more
Advocate
Advocate
Master's Degree
350 satisfied customers
We had a Club Committee Meeting the Secretary said she was
We had a Club Committee Meeting the Secretary said she was taping the Meeting for use in the Minutes, 3 Committee Members now say they did not hear her what do we do with the tape which is on her comp… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x