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Most relevantly in this context, communication or publication is allowed if it is no more than is reasonably necessary in connection with an imminent threat of serious violence to persons or of substantial damage to property.A private conversation or recordings of activities can be shared if it was obtained in such a manner that does not constitute a contravention against this Act. Generally, it is an offence for a person to possess a record of a private conversation or the carrying on of an activity if they know that it has been obtained directly or indirectly by the use of a listening device, optical surveillance device, or tracking device in contravention of sections 7, 8, or 9 of this Act.Note: This is similar to section 11 of the Act in relation to the sharing of private conversations of recordings of activities.If a person has obtained information from the use of a data surveillance device in contravention of section 10 of this Act, it is an offence to share that information. Most relevantly in this context, communication or publication is allowed if it is no more than is reasonably necessary in connection with an imminent threat of serious violence to persons or of substantial damage to property.‘Report’ of a conversation or activity includes a report of the substance, meaning or purport of the conversation or activity.
While domestic violence can happen in many circumstances (including in non-heterosexual relationships), in the vast majority of reported domestic violence cases men are the perpetrators and women the victims.It is also legal to record a conversation to which a person is a party to if one principal party (e.g.the person recording) consents to the recording of the conversation and it is either: The onus of proof for establishing the above exception lies on the party seeking to establish the exception, and that onus is on the balance of probabilities.a purpose that is not unlawful, similar to a legitimate purpose or a purpose conforming to law. A ‘data surveillance device’ means any device or program capable of being used to record or monitor the input of information into or output of information from a computer, but does not include an optical surveillance device.Common examples: Computer and mobile phone spyware such as Generally, a person must not knowingly install, use or maintain a data surveillance device on or in premises to record or monitor the input of information into, or the output of information from, a computer on the premises if the installation, use or maintenance of the device involves: A person must not publish, or communicate to any person, a private conversation or a record of the carrying on of an activity, or a report of a private conversation or carrying on of an activity, that has come to the person’s knowledge as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device in contravention of a provision of this Part.