Western Australian Current Acts

SURVEILLANCE DEVICES ACT 1998 - SECT 26

26 .         Use of listening devices in the public interest

        (1)         A person who is a party to a private conversation may use a listening device to record or monitor the private conversation if a principal party to the private conversation consents expressly or impliedly to that use and there are reasonable grounds for believing that the use of the listening device is in the public interest.

        (2)         A person who is acting on behalf of a party to a private conversation may use a listening device to record, monitor or listen to the private conversation if a principal party to the private conversation consents expressly or impliedly to that use and there are reasonable grounds for believing that the use of the listening device is in the public interest.

        (3)         A person who has under his or her care, supervision or authority a child or a protected person who is a principal party to a private conversation may, on behalf of the child or protected person, use a listening device to record, monitor or listen to the private conversation if there are reasonable grounds for believing that the use of the listening device —

            (a)         will contribute towards the protection of the best interests of the child or protected person; and

            (b)         is in the public interest.

        (4)         In this section —

        protected person means a person who by reason of mental impairment is unable to consent in accordance with subsection (1) or (2) to the use of a listening device.