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?
Recorded phone calls can constitute evidence in court, or they can be useful to refresh your memory about what was said in a conversation. But is it legal to record a phone call in Victoria? There are limits on when you can record and how the recording can be used, as this article explains.
The recording and publishing of private conversations in Victoria is governed by the Surveillance Devices Act 1999.
Section 11 states:
“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…”
The maximum penalty for doing so is 500 units (currently $82,610) for a corporation, or 100 penalty points (currently $16,522) or 5 years imprisonment, or both, in any other case.
Section 12 prohibits a person from possessing a record of a private conversation made using a listening device, unless there is consent, express or implied, from all parties to the conversation, or unless the recording is being used in proceedings for an offence against the Act.
What is a ‘listening device’?
The Act defines a listening device as a device that can be used to overhear, record, monitor or listen to a conversation or words spoken to or by any person in the conversation. This does not include a hearing aid or similar device.
What is a ‘private conversation?
The Act states a private conversation is between parties who do not intend for their words to be heard by anyone but themselves. This does not include a conversation that takes place in circumstances in which the parties might reasonably expect it to be overheard by someone else.
A person is a party to the conversation if they speak or have words spoken to them during the conversation.
When is it an offence to share a recorded conversation?
The prohibition in Section 11 does not apply if the recording is communicated or published:
- To a party to the conversation;
- With the consent, express or implied, of all the parties in the conversation;
- To investigate or prosecute an offence against the section;
- In the course of proceedings for an offence against the Act;
- When there is an immediate threat of serious violence to a person or substantial damage to property, or the commission of a serious narcotics offence.
If a person is convicted of an offence under the Act, in addition to any penalty, the court can order any device used in the commission of the crime be forfeited to the State or destroyed.
The court can also order that any record of a private conversation to which the offence relates be forfeited to the State or destroyed.
A police officer can seize the device or recording to give effect to the order.
When is it legal to record a phone call?
Section 7(1) states a person must not use a listening device to:
- overhear, record, monitor or listen to a private conversation to which the person is not a party; or
- record a private conversation to which the person is a party.
Section 7(2) lists the recording of a private conversation is permitted when:
- the listening device is used in accordance with a warrant, or emergency authorisation;
- the listening device is used in accordance with the Telecommunications (Interception and Access) Act 1979, or any other law of the Commonwealth;
- the hearing of conversation is unintentional;
- it is made by police to record a refusal to consent to the recording of an interview with a person suspected of committing an offence;
- it is used to locate and retrieve a device;
- the device is integrated into a Taser to record operation of the Taser;
- it is used by a police officer in conjunction with a body-worn camera.
Section 7(3) states further exemptions, including when:
- all parties to the conversation consent, expressly or impliedly, to the recording;
- it is reasonably necessary for protecting the lawful interests of a party;
- the recording is not made to communicate or publish it to anyone who is not a party to the conversation.
You need to be aware that the laws that govern the recording of phone calls are complex.
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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