Sometimes a person will record conversations with another person to show they have committed acts of domestic and family violence . Wondering whether is it illegal to record someone without consent?
For example a former partner may covertly record conversations during changeover of children or phone calls to show verbal abuse or inappropriate language regarding their parenting.
If the recording tends to show a person is committing acts of domestic and family violence, it can be provided to the court during a hearing of a protection order application to support why an order must be made. Covert recordings can also be used to show that no acts of domestic and family violence have occurred. It depends on the circumstances of a case.
Is it legal to covertly record another person in Queensland?
Pursuant to Invasion of Privacy Act 1971 (Qld) (‘Privacy Act’) it is generally an offence to record a private conversation if you are not involved in that conversation.
When You Are Involved
A person is involved in a conversation if they are directly a part of that conversation. Common examples include:
- A former partner recording a conversation during the changeover of children.
- A person recording a conversation with another person to show they have committed acts of domestic and family violence.
In both examples, the person making the recording is directly part of the discussion. This may include one-on-one or group conversations.
Unintentional Recordings
It also not an offence if you unintentionally hear a private conversation over a phone. However, there are prohibitions on what a person can do with a recording if they are involved.
Restrictions on Using Recordings
Even if you are lawfully part of the conversation, there are limits on how the recording can be used.
You cannot publish, share, or distribute the recording or any part of it. Doing so may amount to an offence.
Exceptions
However, this restriction does not apply if the recording is published (shown) in the court regarding legal proceedings or in the public interest or to protect the lawful interest of that order person.
The Privacy act further notes that legal proceedings mean any civil (protection order application) or criminal proceedings in or before a court.
What about covert photographs or video recordings made in Queensland?
Under Queensland law, it is a criminal offence to take or share photographs or videos of a person without their consent when that person is in a private place or engaged in a private act.
When It’s Illegal to Record or Photograph
It is against the law to record or distribute images or videos of someone who is:
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In a private setting, such as a bedroom or bathroom.
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Engaged in a private act, such as being intimate or using the toilet.
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Showing their genital area, even if covered by clothing.
Sharing, sending, or uploading these images or videos to the internet or social media is also a criminal offence under Queensland legislation. Penalties can apply for both taking and distributing such material
It is further punishable to share such photographs or recordings with another person or upload them to the internet.
When It’s Not Considered Private
It is not illegal to take photos or videos of someone in a public space where there is no reasonable expectation of privacy, such as:
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At a park or public playground.
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During a child changeover in a public area.
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While exercising or going about daily activities in public view
This includes taking a photo of another person’s child.
It can also include recording of a person at their home.
However, recording or photographing someone at their home or on private property without permission may still breach privacy or other laws, depending on the circumstances.
How can a recording be used in a protection order application?
In Queensland, audio or video recordings can be powerful evidence in a domestic and family violence protection order application.
A person applying for a protection order may record the respondent to show the police or the court that their evidence is truthful and that acts of domestic or family violence have occurred.
How Courts View Recordings
Courts often place significant weight on recordings because they provide independent proof of what actually happened. However, the other party may challenge the recording’s accuracy or argue that it should not be relied upon as evidence. Each case will depend on its individual circumstances, including how and when the recording was made.
It may be possible to make submissions to the court why the recording is not accurate and should not be relied upon as proof.
Get Legal Advice on Using Recordings
At Elysian Law, we have extensive experience advising clients on covert recordings and their use in protection order applications.
Our family lawyers can help you understand what evidence is admissible, how to present it effectively, and whether the recording supports your legal position.
Contact Elysian Law today for clear advice tailored to your situation.
For more information about topics mentioned in this article, see our additional resources:
At Elysian Law, we understand the serious impact these matters can have on your personal and professional life. Our team is here to support you with expert legal representation tailored to your circumstances.
If You Need Immediate Help
If you or someone you know is experiencing domestic or family violence, support is available:
Emergency: Call 000 (triple zero) if you are in immediate danger.
1800RESPECT – 24/7 National Domestic, Family and Sexual Violence Counselling Service
Call 1800 737 732DV Connect (Queensland) – 24-hour crisis support for women
Call 1800 811 811 |Mensline Australia – Support for men
Call 1300 78 99 78
Author: Nichale Bool
