It it legal to video an incident/confrontation?

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It it legal to video an incident/confrontation?

Postby James the Giant » Tue Nov 27, 2012 9:35 pm

I was considering getting a helmet cam, which I'll also use at work... if it's legal.
I've got a job where I get in confrontations a lot... just wondering if anyone knows if it's legal to use a camera to record an incident, etc. Do I have to ask the other person for their permission? Or just tell them I'm videoing the situation?
I'm in Western Australia.
Cheers for any info!
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by BNA » Tue Nov 27, 2012 9:52 pm

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Re: It it legal to video an incident/confrontation?

Postby zero » Tue Nov 27, 2012 9:52 pm

Its legal to take pictures, moving or otherwise in public places so long as they aren't voyeur in nature.

Its legal in most states these days to run a recording device to record a conversation that you are a party to. Its pretty much illegal to record conversations that are you are not a party to (without consent of participants), unless they are taking place in public in such way a that the participants could be generally expected to be overheard by others.

Workplaces, private properties, toilets, changing rooms etc are all further problems - have to be a bit careful about the helmet on the cam if you are wearing it in some extended fashion like working with it on.

I wouldn't count on audio you've recorded being admissable as evidence in all circumstances either - the above is just some issues that you can or or cannot be charged with an offence for. You may find evidence rules for recorded audio more restrictive.
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Re: It it legal to video an incident/confrontation?

Postby James the Giant » Tue Nov 27, 2012 10:37 pm

Thanks Zero. I also found this, which pretty much backs up what you just said.
http://www.edowa.org.au/files/articles/ ... ivity..pdf

So it looks good, as I work on the street surrounded by people, and every confrontation I have is definitely public!

Conclusion

Any person may make a video recording or take a photo of any public activity
unless specifically prohibited.

Any person may make a video recording or take photos of a private activity with
the consent of one of the parties to the activity.

Any person may make a video recording or take photos of a private activity
without the consent of any of parties to the activity, to protect a lawful interest or
(if there are reasonable grounds for believing that the circumstances are so
serious and the matter of such urgency) the use of the device is in the public
interest

Any person may publish a photo or video record, without a Supreme Court order,
to a member of the police force where the person making the publication believes
on reasonable grounds that it was necessary to make that publication in
connection with an imminent threat of serious violence to persons or of
substantial damage to property.

The video recording or photo of a private activity may not be more than is
reasonably necessary and must be in the public interest.

Neither civil nor criminal proceedings can be taken against a person taking a
video or photo in good faith under the Surveillance Act.

Sandra Boulter
Solicitor
Environmental Defender’s Office (WA) Inc.
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Re: It it legal to video an incident/confrontation?

Postby Alien27 » Tue Nov 27, 2012 10:48 pm

My guess is your a parking inspector James :P
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Re: It it legal to video an incident/confrontation?

Postby James the Giant » Wed Nov 28, 2012 12:22 am

Alien27 wrote:My guess is your a parking inspector James :P

Was it that obvious? :oops:
Nah, it's a nice job actually.
Well paid, nice walking around in the sun, I write about 7 tickets and 7 cautions per day (no quota), and only once a day does anyone get grumpy. And of those, only one in ten are ... difficult. The rest are just venting at the cliché of the parking inspector.
It makes me glad I ride to work though, parking in the city is crazy expensive. Even without getting fined.
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Re: It it legal to video an incident/confrontation?

Postby Pushy » Wed Nov 28, 2012 2:14 am

You weren't working at 6:45pm on the 22/11/12 were you? :evil: Wife said she couldn't find any change, I suggested she could've tried her credit card :roll:
Anyway you could do worse than one of these and add a power pack to keep it topped up. You could Velcro it to the underside of the peak of your cap. That would be sneaky. Oh, but then you're a parking inspector. :wink: (no offense intended)
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Re: It it legal to video an incident/confrontation?

Postby James the Giant » Wed Nov 28, 2012 9:34 am

hehe.
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Re: It it legal to video an incident/confrontation?

Postby MattyK » Wed Nov 28, 2012 9:43 am

I assume we are talking about a helmet camera here?
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Re: It it legal to video an incident/confrontation?

Postby wellington_street » Wed Nov 28, 2012 10:50 am

Please start fining those people in St Georges Tce who park in the clearway times! Or tow them!
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Re: It it legal to video an incident/confrontation?

Postby hannos » Wed Nov 28, 2012 11:27 am

chest mounted GoPro would probably be the easiest to carry.
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Re: It it legal to video an incident/confrontation?

Postby redned » Wed Nov 28, 2012 11:37 am

James: if it is you that keeps booking my daughter's silver Lancer at UWA, give me a break. It is sending me broke. I am working on the education thing!
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Re: It it legal to video an incident/confrontation?

Postby ironhanglider » Wed Nov 28, 2012 11:52 am

redned wrote:James: if it is you that keeps booking my daughter's silver Lancer at UWA, give me a break. It is sending me broke. I am working on the education thing!


It seems like the education is being mis-directed. She parks inappropriately yet you pay the fine? That is just dumb. At the moment she isn't taking responsibility for her own actions.

To quote Fletch "If you can't do the time, don't do the crime".

It sounds as if she needs to learn how much cheaper it is to ride to uni, it doesn't take many fines to add up to appropriate transportation.

Cheers,

Cameron
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Re: It it legal to video an incident/confrontation?

Postby munga » Wed Nov 28, 2012 11:53 am

redned: buy her a bike! :D
pitty43 wrote:Thanks all for your help. Better change my Gumtree add now.

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Re: It it legal to video an incident/confrontation?

Postby redned » Wed Nov 28, 2012 6:46 pm

Cam: You are right, but there is a question of liquidity. It goes "on the list" to be repaid at some undefined time in the future.
A bit like Hecs!
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Re: It it legal to video an incident/confrontation?

Postby ironhanglider » Wed Nov 28, 2012 7:20 pm

redned wrote:Cam: You are right, but there is a question of liquidity. It goes "on the list" to be repaid at some undefined time in the future.
A bit like Hecs!


It's your family mate, but it doesn't sound to me like you are fostering independence. :)

There's an awful lot of bus trips for the cost of insurance, registration, servicing, tyres, fuel, fines.

And of course on this forum, bikes. This popped into my email today. There's a lot to like about it...

http://www.bicyclesonline.com.au/2012-polygon-zenith-active-3-ladies-city-bike/

Cheers,

Cameron
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Re: It it legal to video an incident/confrontation?

Postby il padrone » Wed Nov 28, 2012 7:38 pm

redned wrote:Cam: You are right, but there is a question of liquidity. It goes "on the list" to be repaid at some undefined time in the future.
A bit like Hecs!

I'd guess that about ten parking fines avoided would easily pay for the price of a cheapie basic bike, like that Polygon ladies bike. So maybe in a month of random infringements she (you) will have the saved cash to pay the CC bill for the bike :idea:
Riding bikes in traffic - what seems dangerous is usually safe; what seems safe is often more dangerous.
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Probably don't even need to turn it on.

Postby Byke » Wed Nov 28, 2012 10:10 pm

I suspect you probably wouldn't even need to have it recording.

Most people will moderate their behaviour if they suspect that they're being filmed. Just pulling out an iPhone as an aggressive driver launches into a misdirected tirade usually shuts them up pretty quickly.
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Re: It it legal to video an incident/confrontation?

Postby AUbicycles » Thu Nov 29, 2012 9:00 am

If you are on duty - technically your employer made need to know or approve so I would get (and document) approval - best case is that is is casual without too much paperwork and bureacracy. My train of thought is that this takes some responsibility or onus off you - and assume that you may also be limited in what you are allowed to publically release. You just don't want to get into trouble - that said, I think it is a good idea and most certainly it can help avoid confrontations.
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Re: Probably don't even need to turn it on.

Postby DentedHead » Thu Nov 29, 2012 6:41 pm

Byke wrote:I suspect you probably wouldn't even need to have it recording.

Most people will moderate their behaviour if they suspect that they're being filmed. Just pulling out an iPhone as an aggressive driver launches into a misdirected tirade usually shuts them up pretty quickly.


This is very true. We get some "hooliganism" on my street, and wandering out the front just holding up my phone is enough to stop the stupid behavior. Camera on my phone no longer works, but they don't know that ;)

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Re: Probably don't even need to turn it on.

Postby KonaCommuter » Thu Nov 29, 2012 7:21 pm

DentedHead wrote:
Byke wrote:I suspect you probably wouldn't even need to have it recording.

Most people will moderate their behaviour if they suspect that they're being filmed. Just pulling out an iPhone as an aggressive driver launches into a misdirected tirade usually shuts them up pretty quickly.


This is very true. We get some "hooliganism" on my street, and wandering out the front just holding up my phone is enough to stop the stupid behavior. Camera on my phone no longer works, but they don't know that ;)

Dent.



If it stops moron motorists being morons then it still "works" 8)
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Re: It it legal to video an incident/confrontation?

Postby Mulger bill » Thu Nov 29, 2012 9:04 pm

A lot of Plods in this part of the world favour MD 80 type cameras as they clip easily onto the vest.
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
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Re: It it legal to video an incident/confrontation?

Postby James the Giant » Fri Nov 30, 2012 11:06 pm

Yeah, the MD 80 look great for vests, and I can build a mount for my helmet easily enough.
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