Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I was woundering if I can secretly record a conversation…

Customer Question
Hi i was woundering...

Hi i was woundering if I can secretly record a conversation between myself and my employer and if so what is the limits to what I can do with it? Can other parties know I have recorded it? Can other parties listen to it?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Has anything been filed or reported?

In what sense sorry?

Submitted: 10 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 7 minutes by:
10/4/2017
Solicitor: John Melis, Lawyer replied 10 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,546
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 10 months ago

Dear customer, in relation to your important matter concerning recording conversations with an employer, it is illegal where the other party has not provided their consent. Before recording a conversation that party must provide their consent, and when the recording starts, that consent must be provided again on the recording.

If you would like to discuss this important employment matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don’t forget to leave positive feed back.

Kind regards
John Melis

Ask Your Own Australia Law Question
Customer reply replied 10 months ago
What if it was openly recorded. Say I put a phone on the table and hit record in plain sight of others? I've read elsewhere that it is not illegal as long as it is not listened to by a third party and that it can only be used for personal use?
Solicitor: John Melis, Lawyer replied 10 months ago

Dear customer, the employer would still need to verbally acknowledge the recording was taking place, otherwise there is a claim of deceit that could be raised.

Personal use recording is a grey area of the law, but you are correct, where the recording is used for personal use and not any other means, like what students do in university to record a lecture, this purpose is ok. However, if the recording is taking place in the workplace this is a different situation and such recording would be illegal, unless the employer has approved of recording in the work place.

Kind regards *****

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 John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,546
3,546 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis 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

3,546 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
What is the law concerning unauthorised broadcasting of a
What is the law concerning unauthorised broadcasting of a private phone conversation … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Can you record a one on one conversation with a school
Can you record a one on one conversation with a school teacher or admin staff member or a deputy principal a public school?… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Work related am i allowed to take a tape recorder to tape
work related am i allowed to take a tape recorder to tape our conversation in queensland … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I'm a principal in an Accounting practice and have installed
Hi I'm a principal in an Accounting practice and have installed cameras in my office to protect client confidential information. What are the legal implications especially since the cameras have sound… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
An alleged investigation by my employer, yielded a report that
An alleged investigation by my employer, yielded a report that claimed------- “Mr xxxx used a recording device to record a conversation without the authorization or knowledge of the parties to the con… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I have been sexually harassed, stalked and sexually assaulted
I have been sexually harassed, stalked and sexually assaulted by my employer (who owns a small business) who is also my Baptist Pastor. He is saying we were having an 'affair', this is not true, he ha… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Good Morning,With the advent of new technology including Pen
Good Morning,With the advent of new technology including Pen recorders what is the simple answer to the following question:_ If an employee with a recorder pen in a Queensland workplace records a conv… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I think I may have been recorded in a private conversation without my prior knowledge or
I think I may have been recorded in a private conversation without my prior knowledge or agreeing to it. The conversation was of a sensitive nature and I was hassled for information. This conversation… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
As a paramedic I have noticed that Queensland police officers
As a paramedic I have noticed that Queensland police officers often carry digital recording devices. This helps with complaints against officers. Can I as a Queensland paramedic digitally record my co… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi Have a small business under 10 people and had a staff
Hi Have a small business under 10 people and had a staff member working interstate. we use Skype video for communicating. unbeknown to us the now ex employee was recording the skype video calls and no… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 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
Hi I suspect that either myself or a friend are having our
Hi I suspect that either myself or a friend are having our sms and phone conversations monitored by another individual. I know there is spy software available. that can alllow ones mobile phone to be … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I am needing clarification / confirmation of my understanding
I am needing clarification / confirmation of my understanding of the Invasion of Privacy ACT 1971 in Queensland for the following Sections and Sub Sections INVASION OF PRIVACY ACT 1971 - SECT 43 43 Pr… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Is it legal in queensland australia to record conversations
Is it legal in queensland australia to record conversations in the following circumstances. 1. The person who is recording the conversation is a participant (so is only recording a conversation that t… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
what is the law relating to the use of recording devices to
what is the law relating to the use of recording devices to record conversations or meetings between an employer & employee… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My husband records me and him when we are having a disagreement
My husband records me and him when we are having a disagreement on his phone without my consent, and also sometimes without me even knowing. I feel violated, harassed, and misrepresented.… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
Hi, my question is, is it legal to record a phone conversation
Hi, my question is, is it legal to record a phone conversation with out telling the person you are recording them? I often speak to an abusive National manager on the phone who is also a compulsive li… read more
Linda Roch
Linda Roch
Attorney
Doctoral Degree
529 satisfied customers
Im just wondering the legalities of secretly recording a private
I'm just wondering the legalities of secretly recording a private meeting held between myself and Officers of the Local Council.… 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