"Surveillance Devices Act 2007 - Section 11 Prohibition on Communication or Publication of Private Conversations or Recordings of Activities"
- Category: Legislation and Acts
- Created: Sunday, 03 March 2013 00:05
- Written by Alecomm2
There has been much discussion over whether or not persons can record their conversations wiith the Child Protection workers. It would seem that the clear answer is yes.
The law states that it is okay to record a conversation " if the communication or publication is no more than is reasonably necessary in connection with an imminent threat of serious violence to persons or of substantial damage to property".
Given that it is a criminal offence, and a very serious one, to remove a child without lawful excuse, i would classify this as a definite emminent threat of serious violence. Aggravated kidnap, is whereby two or more persons are involved in the kidnap - and there are generally more than one caseworker involved in the kidnap of our children using false and misleading information.
(1) A person must not publish, or communicate to any person, a private conversation or a record of the carrying on of an activity, or a report of a private conversation or carrying on of an activity, that has come to the person’s knowledge as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device in contravention of a provision of this Part.
Maximum penalty: 500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).
(2) Subsection (1) does not apply to the following:
(a) if the communication or publication is made:
(i) to a party to the private conversation or activity, or
(ii) with the consent, express or implied, of all the principal parties to the private conversation or activity, or
(iii) for the purpose of investigating or prosecuting an offence against this section, or
(iv) in the course of proceedings for an offence against this Act or the regulations,
(b) if the communication or publication is no more than is reasonably necessary in connection with an imminent threat of:
(i) serious violence to persons or of substantial damage to property, or
(ii) commission of a serious narcotics offence.
(3) A person who obtains knowledge of a private conversation or activity in a manner that does not involve a contravention of a provision of this Part is not prevented from communicating or publishing the knowledge so obtained even if the same knowledge was also obtained in a manner that contravened this Part. (Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/sda2007210/s11.html)