With the increasing prevalence of smart phones and other electronic devices, the recording of conversations in the workplace or school yard is becoming common practice.
In many cases, it is legal for private conversations to be recorded without the knowledge of all participants.
There is no obligation to obtain the prior consent of the other parties to the conversation. The secret recording may potentially be used in subsequent legal proceedings.
As a general rule, it is legal in Queensland:
Generally, it is illegal in Queensland:
There is no one group. However, based on our experience, we believe schools in particular ought to be alert to the risk of secret recordings. Students recording other students or teachers, parents recording teachers (or even students!), or teachers recording conversations with school management.
In any workplace, an employer may find him or herself being recorded by an employee particularly during a performance review.
Even though it might be lawful under Queensland law for conversations to be secretly recorded, this does not mean you need to tolerate secret recordings taking place in your school or workplace.
Contact Corney & Lind Lawyers to discuss the preparation of a Recording Device Policy for your school or workplace.