Recording your ex-partner without consent

CAN I RECORD MY EX-PARTNER WITHOUT HIS/HER CONSENT?

It is illegal to record a private conversation without the consent of the person being recorded unless the recording is ‘reasonably necessary for the protection of the lawful interests” of the person recording the conversation (or authorising someone else to make the recording). This law is made under the Surveillance Devices Act 2007 (NSW). Similar Acts are operative in other Australian states. A private conversation includes a conversation where more than the relevant 2 parties are present.

What is reasonably necessary for the protection of the lawful interests is decided by a Court. The Courts in family law matters have held that:

1. where a mother was making allegations of family violence against the father, it was reasonably necessary for the protection of the father’s lawful interests to make recordings of the mother engaging in acts of family violence to assist him dispel the mother’s allegations.
2. It was reasonably necessary for the protection of the lawful interests of a mother to record the father when the mother was alleging the family had committed acts of family violence.

Some recordings may be admitted into evidence even if recorded illegally.

A party who illegally records a private conversation may be penalised with a fine of up to $11,000, 5 years imprisonment or both a fine and imprisonment

A party who publishes the illegal recording may be penalised with a fine of up to $55,000, 5 years imprisonment or both a fine and imprisonment.

If you require further advice on recording a private conversation without the consent of the other party, contact Kathy Chase at Pittwater Family Lawyers. You can telephone Kathy on 0418 285 307 or (02) 9918 6565. Alternatively, send Kathy an email at: pittwaterfamilylawyers@gmail.com