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Proud Pies 
Joined: 22 Feb 2003
Location: Knox-ish
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| stui magpie wrote: | Nothing in this whole story reflects well on anyone.
Aged journo allegedly recording people without telling them. Not illegal but not highly ethical.
Politicians thinking they're having "off the record" conversations with a journo
Same Journo not following up to try to find the dictaphone when it was lost.
Security at the convention. The dictaphone apparently had a fairfax sticker on the back, wouldn't take a great deal of grey matter to check how many aged journos had been there.
labor for making the same dumb call. Instead of just contacting fairfax and saying "hey, we found a dictaphone, any of your people at the conference lose one?" which would have been easy, no they have to listen to it and copy the contents before (supposedly) destroying everything. Potentially illegal acts.
Andrews response. Geezus dude, you can't be that stupid. Man up and admit that it somehow got from Labor to a Lib email distribution group. It's not a hanging offence, the longer you dither around denying shit the longer this drags. man up, say sorry, move on.
Libs factions circulating the stuff around, not exactly high class actions.
All involved should hang their head with there actions. |
I would have believed that recording people without their knowledge contravenes the privacy act. That's why you always get the recording on the phone that, this call is being recorded for training purposes, if you don't want this recorded, please advise.
She did bad.......
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Jacqui © Proud Pies 2003 and beyond |
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stui magpie 
Prepare for the worst, hope for the best.
Joined: 03 May 2005
Location: In flagrante delicto
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^
Different states, different legislation.
I'm not 100% but still reasonably sure that it's not illegal in Victoria to record a conversation without consent.
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Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Proud Pies
Joined: 22 Feb 2003
Location: Knox-ish
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| stui magpie wrote: | ^
Different states, different legislation.
I'm not 100% but still reasonably sure that it's not illegal in Victoria to record a conversation without consent. |
tried looking it up..... seems to be a grey area. I'd be mighty pissed off if someone recorded a conversation I was having with them without my consent.
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Jacqui © Proud Pies 2003 and beyond |
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Tannin 
Can't remember
Joined: 06 Aug 2006
Location: Huon Valley Tasmania
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Generally in Australia it is legal to record a conversation only if you yourself are an active participant. This applies to in-person conversations. Telephone conversations come under different legislation, they cannot be recorded unless you notify the other party. (All from memory. Treat with appropriate caution.)
So there is no question of illegality here, just grossly unethical behaviour by the Age reporter, who now has a reputation in tatters. (Not that The Age will tell you that. They are standing there holding the ugly newborn baby, loudly pretending to be virgins.)
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�Let's eat Grandma.� Commas save lives! |
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1061
Joined: 06 Sep 2013
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| Tannin wrote: | Generally in Australia it is legal to record a conversation only if you yourself are an active participant. This applies to in-person conversations. Telephone conversations come under different legislation, they cannot be recorded unless you notify the other party. (All from memory. Treat with appropriate caution.)
So there is no question of illegality here, just grossly unethical behaviour by the Age reporter, who now has a reputation in tatters. (Not that The Age will tell you that. They are standing there holding the ugly newborn baby, loudly pretending to be virgins.) |
Had a situation last year at a workplace that was refusing to pay a group of us going through training and one of the girls recorded the meeting. She then used the transcript to get fair-work involved. All legal! |
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Tannin
Can't remember
Joined: 06 Aug 2006
Location: Huon Valley Tasmania
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Sounds fair to me, 1061. As I understand it - I'm not a lawyer and I'm relying on memory here, so take with salt - if you record a conversation between (say) me and Stui, that's illegal unless we have been informed and have consented. But if it's a three-way conversation which you contribute to, you are perfectly entitled to record it, and you don't even have to tell anyone you are doing it. But it's different with telephones.
Back to the Age thing: the reporter hasn't broken any laws, just comprehensively smashed up her own career prospects, while the Age itself has done nothing worse than fairly comprehensively bugger up its reputation for honesty, probity and fairness. The Age has dealt with this every bit as badly as the Murdoch rags would have done, and that's harsh criticism indeed.
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�Let's eat Grandma.� Commas save lives! |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005
Location: In flagrante delicto
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Relevant legislation isn't the Privacy act, it's the Surveillance Devices Act 1999 (Vic).
It's legal to record a conversation that you are party to without the other parties consent, but there are serious restrictions on what you can do with it.
Here's a bit of a write up. http://www.employmentlawonline.com.au/question3-2/
Recording a conversation that you are not a part to, ie by bugging someone or leaving your phone on the desk recording after you walk out, not so simple.
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Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Tannin
Can't remember
Joined: 06 Aug 2006
Location: Huon Valley Tasmania
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Good link, Stui.
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�Let's eat Grandma.� Commas save lives! |
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