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One exception is if the principal parties to the private conversation or the persons who took party in the activity consent to the person possessing a record of the private conversation or activity.
Another exception is if the person possesses the record as a consequence the record being shared with that person in a manner that is not in contravention of section 11. A person must not publish, or communicate to any person, any information regarding the input of information into, or the output of information from, a computer obtained as a direct or indirect result of the use of a data surveillance device in contravention of this Part.
Whilst acknowledging that each woman's experience is unique and individual to her circumstances, for consistency, these guides will refer to women who are experiencing, or who have experienced, domestic violence as 'victims' of domestic violence.
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.
Common examples: handheld devices such as mobile phones and tablets with a camera, cameras, binoculars, ‘spy cameras’.
Common examples: Handheld devices such as mobile phones and tablets, which have inbuilt audio recording capabilities; voice recorders/dictation equipment, audio bug surveillance devices.The Surveillance Devices Act 2007 (NSW) (‘the Act’) regulates the installation, use, maintenance and retrieval of surveillance devices in NSW.A ‘surveillance device’ means a data surveillance device, a listening device, an optical surveillance device, or a tracking device.‘Report’ of a conversation or activity includes a report of the substance, meaning or purport of the conversation or activity.If a person has knowledge of a private conversation or the carrying on of an activity that was obtained directly on indirectly through the use of a listening device, an optical surveillance device or a tracking device in contravention of a provision of Part 2 of the Act (Regulation of installation, use and maintenance of surveillance devices), that person is prohibited from publishing or communicating to any person: There are several exceptions that apply.
There is no case law or commentary about what the court considers a ‘lawful purpose’ to be.