Private Conversations: VIC Surveillance Act
In Victoria, according to the Victorian Surveillance Devices Act (1999) you can film and monitor your girlfriend without her consent. Here is why.
Private Conversations: VIC Surveillance Act.
The Victorian Surveillance Devices Act of (1999) was amended on February 2, 2024. This indicates that the government has revised and updated the state's surveillance laws. It's unclear if they reviewed the same document I have, but it appears quite convoluted. It seems there's no true privacy in conversations, or perhaps the extensive rules and regulations devised by our officials have become redundant. Here's a closer look.
The updated act defines a private conversation as;
"Conversation carried on in circumstances that may reasonably be taken to indicate that the parties to it desire it to be heard only by themselves"
It does not include a conversation made in any circumstances in which the parties to it ought reasonably to expect that it may be overheard by someone else. Furthermore, the act defines private activity as;
"An activity carried on in circumstances that may reasonably be taken to indicate that the parties to it desire it to be observed only by themselves"
Private activity excludes activities conducted outside a building or where the parties should reasonably expect to be observed. Essentially, a private conversation is not considered private unless it takes place indoors.
The situation deteriorates as the act stipulates that, barring certain exceptions;
"It is prohibited for a person to install, use, or maintain a listening device to overhear, record, monitor, or listen to a private conversation without the consent of all parties involved, unless it is done where at least one party to the conversation consents to the monitoring or recording."
Let's think about this for a second. If a person in the so-called private conversation consents to monitoring or recording, then the act implies that it is completely legal for the conversation to be monitored or recorded.
This implies that if you consent to record your girlfriend, her consent is irrelevant, and you are legally covered. Recent legislative revisions by parliament allow for such monitoring and recording of your girlfriend.
I used to believe that a private conversation was one where no one else could listen in, but it seems that in Victoria, if you are outdoors or if the person you're speaking with is not truthful about the privacy of your conversation, they are in the clear. It seems counterintuitive; in Victoria, it appears we are incentivising dishonesty, which surely cannot be correct.
The revised Victorian Surveillance Devices Act (1999) defines a private conversation as one between two people that is not overheard. If it can be recorded outdoors, or if one of the parties consents, then technically, the conversation is no longer private. If it's not private, it does not fit the definition of a private conversation, which is intended to be heard only by the parties involved.
To put it another way, a conversation can never be considered private if one of the parties is knowingly recording it or if it can be overheard outdoors. At no point does such a conversation fulfill the criteria to be deemed a private conversation as outlined in the surveillance act itself.
This fact undermines the legal foundation of the Victorian Surveillance Devices Act (1999), suggesting the need for a complete overhaul. The provisions regarding private conversations become moot because the conversation was never private to begin with. It's not private if it's being listened to, observed, or recorded, rendering most of the Victorian Surveillance Devices Act (1999) irrelevant to what constitutes a private conversation:
A private conversation is defined as one conducted in circumstances that reasonably indicate that the parties intend it to be heard only by themselves.
Before sharing the footage of your girlfriend, keep in mind there are "revenge porn" laws. That said, if you are sharing recordings of your girlfriend because you think she is "hot" then that's not an act of revenge, now, is it?
What a joke.
Glenn Hall is a former advertising executive turned freelance communications consultant. Glenn has a fresh perspective on topical issues and a unique way of viewing the world. With diverse interests, no topic is out of reach and Glenn will be sure to challenge your thinking.
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