2 Is covertly recording a work conversation a valid reason for dismissal?Įssentially, yes. refusing to comply with reasonable directions of management). However, whether covertly recording a conversation is legal is not usually the main issue in employment matters – there are many acts by employees that are legal, but nonetheless, provide a valid reason for dismissal (e.g. So in Queensland, for example, it is unlawful to record a telephone call by direct connection to the telecommunications system even if the person recording is a party to the conversation. The federal law prevails over any inconsistent state law. This includes recording telephone calls or video meetings by direct connection to the telecommunications system. It is worth noting that the Telecommunications (Interception and Access) Act 1979 (Cth) makes it a federal offence to intercept a communication passing over the telecommunications system, with or without the knowledge of those involved in that communication. However, in Western Australia under the Surveillance Devices Act 1998 (WA), it is only permissible to record private conversations with consent, unless it is reasonably necessary to protect the lawful interests of the person recording. 1Although, such a recording can only then be communicated or published under certain circumstances, including: with consent in the course of legal proceedings if it is in the public interest or if it is made to a person who is believed by the person making the communication or publication to have such an interest in the private conversation as to make it reasonable in the circumstances. There are no legal restrictions on conversations which are not ‘private’. Whether or not it is legal to record a conversation in Australia without the knowledge of all participants, and in what circumstances, will depend upon the state or territory where the recording takes place.Įvery state and territory has its own unique laws in relation to recording face-to-face conversations.įor example, in Queensland under the Invasion of Privacy Act 1971 (Qld), it is generally permissible for a person to record a ‘private’ conversation that they are a party to without the consent of the other participants.
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