Australian Laws On Monitoring Cell Phones & Conversations.
We operate this website and sell products on the basis of an affiliate arrangement. We do not prouce these products and are not legally qualified to make representations or comments in relation to Australian laws on telephone monitoring.
Many of the products featured on this website represent themselves as “spy apps”or “secretly monitor your partner, cheating spouse, rouge employee” etc. We do not condone any activities that break the law and you should make yourself familiar with relevant laws in your state/territory or throughout Australia before engaging in any activities that may monitor another person such as your spouse, girlfriend, boyfriend, teenagers or group of people such as employees. This applies especially where you are attempting to monitor another party without their knowledge of your activities.
There are many companies developing spy phone applications and computer tracking and spying software. The market is literally saturated with these type of spy phone apps. Well-known leaders in this field include Mspy, Spyera, Flexispy and Mobistealth amongst the picks we favour. Our website picks in our opinion the best of the best of spy phone apps currently on the market.
We recommend that you seek professional advice before installing any tracking apps. If you have any concerns or questions, in the first instance we suggest that you ask the supplier themselves as we are only affiliate’s promoting the product for legitimate purposes such as tracking family members knowingly. If you have any problems with the suppiers we would love to know by contacting us here.
Our website generally considers that the applications which we promote and discuss are installed on the target phone with the owners or users knowledge of the data being monitored an how the monitoring is taking place and what the end use of the captured data will be used for including the ability to turn off the software when they require and have the ability to retrieve that data for later purposes. Of course, these applications are largely undetectable once loaded onto the phone.
Employee Monitoring – Another purpose of this website is to provide a service for employee monitoring. From time to time businesseses may need to monitor on rougue employees or use the applications in situations such as meetings with clients. These applications can track a cell phone by using the phones GPS and show on maps vehicle locations out in the field, monitoring of love ones such as children or elderly and the software applications can even extend to recording of surrounding audio and monitoring of social media usage.
It must be stressed, as affiliate’s we cannot monitor an individual’s usage of the software and whether your use reaches any legal boundaries after your installation and purchase of the software.
What Can These Spy Phone Applictions Monitor?
The spyphone and computer monitoring applications on this website track peoples mobile phones. These software systems to spy on cell phones have the power to:
- Listen into conversations from a remote location,
- Trace someone by GPS on map,
- Receive a CC: of Skype, social media, viber, text messaging infact any messaging as well as;
- Receive activity such as photos taken on the mobile phone, view any calls logged/history, whether Sim cards are being changed eg. another card inserted into the target device or swapped,
- The received calls on the target device.
- The software applications for cell phones can even listen to phone calls without the users during their phone calls all without the users knowledge!
- What’s even more dangerous is that these applications can cover full range monitoring activities of the cell phone and target phone including password grabbing (obtaining the users passwords to their accounts) and watching what they are using the phone for e.g. surfing dating sites or viewing pornography.…. You will need to check with the company offering the software whether their software has the features that you need. Most of the company websites are self explanatory and easy to understand.
All the applications operate by stealth meaning they cannot be detected and are hidden in the mobile phone itself. They are generally easy to install, in most cases in a matter of minutes as well can be deleted off the target phone. It is important to note the difference on some phones that are “jail broken” and “not jail broken”. There are limitations but most companies are quite clear what the limitations are in respect of the phone or device you are trying to track or how to get around these limitations.
Many times these applications are marketed by companies such as cheating housewives, cheating partners, spy on your partner and to monitor a target phone without the other person’s knowledge.
In Australia to record someone without their knowledge and listening to conversations is one word – illegal. You cannot do it, in any state of Australia except with the other person’s knowledge. If you want to record a conversation you have to clearly state that you are monitoring and recording them, without their knowledge or breaking the law.
Australian laws in respect of listening to phone calls and tracking someone via their mobile phone.
This is the most important bit – Australian laws are very strict in respect of phone spying and phone tapping.
The laws are designed to restrict covert recording or prohibit covert recording of people’s conversations whether it be by telephone or other means. These laws apply throughout Australia as federal legislation and prohibits any form of interception i.e. Tapping, bugging of a person’s cell phone telephone as well as conversations on their handsets.
On the face of it, there appears to be no prohibition of recording of telephone calls by means of a tape recorder that is placed nearby a telephone. Nevertheless, because of certain ambiguities as we read it, the consent of all parties to the phone conversation should be obtained before any form of recording is made.
In every State and Territory in Australia, the laws usually prohibit the use of a listening device to record private conversations or eavesdrop and this includes the old term “being wired” or having a wire on oneself.
There were articles online pointing to differences in some states between that of Victoria, Queensland, Western Australia and the Northern Territory compared with the legislation in New South Wales, Tasmania and Australian Capital Territory.
In South Australia, recordings of conversations are unlawful unless it is in the course of your duty, the `public interest’ defence applies, or it is for the protection of your lawful interests. ‘Lawful interests’ is open to some interpretation of course.
The question though raises whether even if you could record a conversation, whether it would be illegal to replay the material for publication without the consent of all the parties to the conversation. If you were a party to the conversation, there is a limited `public interest’ defence in Victoria, Western Australia, Queensland, South Australia and the Northern Territory, but its availability to the media is likely to be constrained by the usual suspicion shown by the courts to media `public interest’ claims.
In all cases where use of a covert recording is being considered, you should really discuss what you propose with a lawyer as the penalties for illegally recording or publishing interviews and conversations are quite severe in all States of Australia and include heavy fines and/or imprisonment.
You may also be interested to read the following laws in respect of the following and please be aware, we have no legal qualifications and cannot advise the currency of these Acts below.
Useful Links on privacy, recording conversations
- Federal Privacy Act 1988 (Cth)
- Information and privacy Commission of NSW – Office
- Surveillance Devices Act 2007 – New South Wales – essentially makes it a criminal offence for a person to record or listen to a private conversation that they are not a party to, or to record a private conversation to which they are a party without the other person’s consent.
- Telecommunications and Interception Act – 1979 – Commonwealth of Australia legislation which essentially says: you may not listen or record conversation passing through a telecommunication device, be that a phone or device that transmits through radio frequency, irrespective whether the communication is between two independent persons or yourself and an independent person.
- Telecommunications (Interception and Access) Act 1979
- Surveillance Devices Act 2004
- Office of the Australian Information commissioner – Are there rules about recording or monitoring my telephone conversations?
- Whirlpool discussion forums – click here – on topic “Is it legal to record a phone call?”
If you live outside Australia eg. New Zealand or any other country for that matter, again, we recommend you seek specific legal advice. You may be interested in this link about telephone monitoring laws on Wikipedia – here.
Products on the market that you might also like to check include: callcorder [not affiliate link]
Additional sources: Investigateway.com.au
If you are researching as a buyer or student in respect of legal parameters surrounding phone tapping or recording of conversations in Australia, then we recommend that you check out the companies that are offering such products as: Mspy, Spyera, Flexispy and Mobistealth who rate highly on our list of mobile phone applications to check out.