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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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I have an uncle in a nursing home in his own room. he has

Customer Question

I have an uncle in a nursing home in his own room. he has asked me to arrange installation of video and audio recording devices, i would like to know if this is legal?
Submitted: 2 years ago.
Category: Australia Law
Expert:  James D. Ford replied 2 years ago.
The laws with respect to recording conversations, and video vary between states... I will have to refresh my memory on the position in Victoria...
Whilst I do...
What is the purpose behind your uncle wanting to do this? is he concerned for his personal safety?
I assume that the nursing home may have its own internal policies and procedures.. so that even if it was perfectly legal to do this in his own home... it may breach the policies and procedures of the nursing home.. and they may ask him to leave... (so even though it may not be illegal)... he may still practically be prevented from doing this.. as he might end up being asked to leave the nursing home..
Do you have a copy of the nursing home internal policies and procedures?
Kind regards, James
Expert:  James D. Ford replied 2 years ago.
With regard to audio recording... in simple terms it is not illegal in Victoria, the Northern Territory or Queensland to record, without consent, a phone call you make or receive, or a private conversation you are having.
All states and territories have exemptions around the notions of public interest and also "express" and "implied" consent.
However, as he is in Victoria.. he does not need to demonstrate public interest or consent.
If he does end up audio recording, he would need to be careful about what purposes he uses such recordings for... and seek legal advice before he shared them with anyone.
In relation to video recording, my opinion is that you would need the permission or consent of the person who is being videotaped, unless you were only videotaping yourself.
Under the Surveillance Devices Act 1999 (Vic) some filming and publication of private activities is prohibited, unless done with consent.
Kind regards, James