Thursday 31 January 2019
Unfortunately, yes. It is not illegal to record conversation that you are involved in (either over the phone or face-to-face), within Queensland anyway and it can be used as evidence in court proceedings.
In this era of smart phones it is so easy for someone to secretly record your conversations in the workplace without your knowledge. There is no obligation to obtain the prior consent of the other parties to the conversation, that is just good manners (which not everyone has).
Always assume that you are ‘on record’ as the recording may be admissible as evidence in Court/ Fair Work Commission. Even though it might be ok legally in Queensland for conversations to be secretly recorded, this does not mean that you need to be ok with your employees secretly recording your conversations in performance meetings. If you are conducting a serious workplace investigation, it may be appropriate to ask each person being interviewed if they are recording the conversation if you suspect that this might be the case.
For further information or advice on your HR matters, please contact us.