Mortica said:
Surely you are either legally allowed to record someone in NSW, or you are NOT legally allowed to record them without their permission because it is against the law.
It’s not a simple as yes or no – there are circumstances where you can record and others where you can’t. Even so, your question has already been answered in my last post.
Nobody is going to be arrested for recording noise they can hear in their own homes. Also, recorded noise is accepted as evidence in legal actions about noise in strata buildings.
It’s only recorded conversations that would be a problem – and even then there are circumstances where it is allowed (see below).
It’s worth noting, however, that if you have security video surveillance in your building, you must have signs up alerting visitors – not so much for privacy law reasons but for Work Health and Safety issues. Obviously your security camera should not be recording audio too.
The blog privatei.com.au has a very handy rundown of the laws in different states HERE. In an extract from the section on NSW, it says:
“If you’re listening to anything other than a private conversation the use of a listening device is not prohibited.”
If the conversation is loud enough for you to hear it, in a place where you or other people may hear it, then it’s not a private conversation and use of a Listening Device is not restricted.