It is not uncommon for someone to record a conversation. This might be done by an employer or by someone with whom a person is having a dispute. The Listening and Surveillance Devices Act 1972 (SA) prohibits the recording of a private conversation, the penalty for which is a fine up to $10 000 or imprisonment for up to a maximum of two years [s 4].
A private conversation can only be recorded by a person who is a party to the conversation and the recording is 'in the course of duty of that person, in the public interest or for the protection of the lawful interests of that person' [s 7].
It is not enough that a person wants to gain an advantage in civil proceedings for them to secretly record conversations.
A person who is not taking part in a conversation cannot lawfully record a conversation.
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