Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Is it legal to record phone calls?
Rapid advances in technology have made it easy to record and share phone conversations. But is it legal to record a phone call in Queensland? There are restrictions on when you can record a phone call and what you can do with the recording, as this article explains.
The recording and publishing of private conversations in Queensland is governed by the Invasion of Privacy Act 1971 (Qld).
Section 43(1) states:
“A person is guilty of an offence against this Act if the person uses a listening device to overhear, record, monitor or listen to a private conversation and is liable on conviction on indictment to a maximum penalty of 40 penalty units or imprisonment for 2 years.”
(Forty penalty units is currently $5338)
What is a ‘listening device’?
The Act defines a listening device as “any instrument, apparatus, equipment or device capable of being used to overhear, record, monitor or listen to a private conversation simultaneously with its taking place”.
What is a ‘private conversation’?
The Act states a private conversation is between parties who do not intend for their words to be overheard, recorded, monitored or listened to by another person.
When is it an offence to share a recorded phone call?
Section 44 states a person will be liable to a maximum penalty of 40 penalty units or two years jail if they communicate or publish a private conversation recorded by a listening device in contravention of Section 43, unless there is express or implied consent from parties to the conversation, or this is done in the course of proceedings for an offence against the Act.
Section 45 states a party to a conversation who makes a recording must not communicate or publish the conversation unless this is done:
- with the express or implied consent from the other parties;
- in the course of legal proceedings;
- in the public interest;
- in the performance of a duty;
- for the protection of the lawful interests of that person;
- to share it with a person who is believed to have such an interest in the conversation as to make the sharing reasonable in the circumstances.
In proceedings for an offence against the Act, the court may make an order, at any stage of proceedings, that prohibits publication of any evidence, or reporting of the substance or meaning of any evidence, relating to a recording obtained illegally.
If a person is convicted of an offence under Section 43, the court can order any device used in the commission of the crime be forfeited. The offender must deliver the device to a person specified in the order within a specified period. If this is not done, the offender is subject to a maximum fine of 20 penalty units ($2611) and a police officer can seize the device and deliver it under the order.
When is it legal to record a phone call?
Section 43(2) lists when the recording and publishing of a private conversation is permitted. This is:
a) where the person using the listening device is a party to the conversation. A party is a person who speaks or is spoken to, or a person who, with the consent of others in the conversation, overhears, records, monitors or listens;
b) where the hearing of conversation is unintentional;
c) during warrants executed by Commonwealth officers in Customs and national security;
d) where it is done by police under an Act authorising use of a listening device;
e) where the recording is done by a communications centre operator for a public safety entity, where a duress alarm has been activated, a request for help has been made, or when they believe there is a risk to the life, health and safety of an officer. A public safety entity is the Queensland Ambulance Service, Queensland Police Service, Queensland Fire and Emergency Service, State Emergency Service, an emergency service unit, or a rural fire brigade.
Recording a phone call carries risk
The recording of phone calls is strictly controlled by law, and you need to be aware of the risks involved.
For advice on this or any legal matter, call Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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