Victoria Surveillance Devices Act 1999
Part 2: Installation, use and maintenance of surveillance devices – Victoria Surveillance Devices Act 1999

Victoria Surveillance Devices Act 1999 6: s 6 No listening device on a private conversation without every party's consent

No one knowingly installs, uses or maintains a listening device to eavesdrop on, listen to, record or monitor a private conversation they are not part of unless every party to it has given express or implied consent. Exceptions: warrants and emergency authorisations, Commonwealth law, specified law enforcement safety monitoring with one party's consent, and incidental recording by the overt use of body-worn cameras or tablets by police, ambulance officers and prescribed persons. Maximum for an individual: 2 years' imprisonment or a 240 penalty unit fine (both level 7), or both; for a body corporate 1200 penalty units. Officers who fail to exercise due diligence are also liable (s 32A). A party to a conversation recording it is not caught by s 6, but communicating or publishing that recording is restricted by s 11. For employers, audio capture of workers' private conversations (for example audio-enabled CCTV, call or meeting recording by a non-party) needs the consent of every party.

Maintained by Gerard Blokdyk

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  • APP-3 APP 3 - Collection of solicited personal information

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Other controls in Part 2: Installation, use and maintenance of surveillance devices – Victoria Surveillance Devices Act 1999

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