Is it legal in Queensland to make an audio recording of a conversation for use as evidence?

Question

My wife is a victim of workplace and sexual harassment from her boss. We live and work in Queensland.

Can we make an audio recording of the abuse he dishes out and use it as evidence in court proceedings? Or is taping someone without their knowledge illegal?

Answer 1

You need to check the laws there...

Here is what to look for. I will use the USA as an example. In the USA, it depends on what state you are in. In all the states it is legal to record any conversation as long as you are involved in that converstation.. .meaning you can't record two other ppl talking unless you tell them you are recording them.

The catch is, and this varies by state, is whether or not you have ot inform the person you are talking to that they are being recorded. In some states, you don't have to as long, as I said before, you are the one talking to them. In other states, you can not record anyone unless you tell them...

Answer 2

Generally it is inadmissable in a court, however, there are some exceptions if you are a party to the conversation. If for instance we were having a conversation, I could tape you without your knowledge.

I'm not familiar with evidence laws or proceedural laws in Queensland, but it may be worth checking with your local police-station or legal aid office.

If you are considering reporting your wife's bosses behaviour, then perhaps you could speak to someone from her HR Department (if she has one) and report the behaviour

Answer 3

There are no laws in Australia to stop you from recording a conversation. If possible, try to use a video camera (then they can not dispute his identity). I say record away and take the bastard to Court!

Answer 4

Taping without the knowledge of the person being taped is inadmissible in court but it can be used to estalish to support other evidence to show abuses.

Answer 5

Just go to the sexual discrimination board that's what they are there for.