Australian Laws On Monitoring Cell Phones & Conversations.

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We operate this website and sell products on the basis of an affiliate arrangement. We are not legally qualified to make representations or comments in relation to Australian laws on telephone monitoring. Many of these products featured represent themselves as “spy apps”or “secretly monitor your partner” 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 or group of people such as employees.

There are many companies that the market is saturated with these type of apps. Well-known leaders in this field include Mspy, Spyera, Flexispy and Mobistealth amongst the picks we favour.

We recommend that you seek professional advice before installing any tracking apps and ask the supplier themselves as we are only affiliate’s promoting the product for legitimate purposes such as tracking family members knowingly.

If you’re looking to track cell phones and want to find out more about the range of applications that we have – click here

We generally write on our website on the basis that people that have an application stored on their cell phone or computer are aware of the applications presence.

We also suggest that the use of the device being tracked and that is aware of the presence of the application has full control over what data is being monitored, when the monitoring is taking place and how to turn on and off the monitoring software.

We also suggest the use of the device apart from having full control over the use of the software knows how data collection has been made and what is being stored and retrieved for later purposes.

Purpose of this website also covers employee monitoring such as monitoring of vehicles 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.

Australian laws in respect of listening to phone calls and tracking someone via their mobile phone.

These applications on this website track peoples mobile phones. They 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 infect any messaging as well as activity such as photos taken, calls logged/history, whether Sim cards are being changed I inserted all swapped, received calls. The software applications for cell phones can even listen to phone calls without the users knowing that they are being listened to. 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.

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.

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 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:

  1. Federal Privacy Act 1988 (Cth)
  2. Information and privacy Commission of NSW – Office
  3. 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.
  4. 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.
  5. Telecommunications (Interception and Access) Act 1979
  6. Surveillance Devices Act 2004
  7. Office of the Australian Information commissioner – Are there rules about recording or monitoring my telephone conversations?
  8. 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:

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.

If you’re looking to track cell phones and want to find out more about the range of applications that we have – click here