Frequently Asked Questions.
You want your questions answered quickly, so we’ve created a list of Frequently Asked Questions (FAQs) that other users have found useful.
Can't find what you need? Visit our Knowledgebase or contact our online support team and we’ll endeavour to answer your question as quickly as possible.
The Law & Privacy
- Q: Is it legal to record phone conversations?
A: Yes, provided all parties to the communication are aware and consent to being recorded. You are not always required to obtain explicit consent to the recording of a conversation – if a person is advised that the call is being recorded and continues to take part in the conversation without objection, their consent is implied. However express consent may be required in some circumstances, such as where personal information is being obtained and/or the business is a health service provider or trades in personal information.
- Q: Is it legal to record a recipient of a call who is not in Australia?
A: Any call originating from or being listened to within Australia, regardless of the location of the recipient, is still subject to the same Australian legal requirements as entirely local calls.
You should be aware that the monitoring of conversations involving someone outside of Australia (and the use of that information) may be subject to laws of that country. These laws vary from country to country and we recommend you confirm any specific legal requirements in those countries.
- Q: Are 1300 RECORD recordings admissible as evidence?
A: Like any piece of evidence, it is the court that determines what is
admissible and what is not. It is important that the party you have recorded in
a case such as this was made aware and agreed to the recording.
- Q: What about the Privacy act?
A: Your business may be governed by the Privacy Act 1988 (Cth) (“Privacy
Act”) which governs the use and storage of personal information. The Privacy Act
applies to private sector organisations with an annual turnover of at least $3
million, health service providers, businesses trading in personal information
and contractors to the Commonwealth. Such businesses must comply with the 10
National Privacy Principles governing how personal information may be collected,
used, disclosed and stored.
You should confirm whether the Privacy Act applies to your business, and if so,
you should ensure that your use of 1300 RECORD’s services complies with the
National Privacy Principles. Indeed, we recommend all of our customers comply
with the National Privacy Principles.
- Q: What are the Terms & Conditions to use and/or sign-up to use the 1300 RECORD service?
- Q: What is the Acceptable Use Policy for 1300 RECORD?
A: The Acceptable Use Policy is the policy devised by 1300 RECORD regarding the acceptable use of 1300 RECORD’s services by its customers (available at the website) http://www.1300record.com.au/aup.aspx.
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