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ARTICLE · 27 APRIL 2022

Secretly recording conversations – is it legal in NSW?

Is it ever legal to record a conversation in NSW without the other party knowing?

AustraliaLitigation, Mediation & Arbitration

In 2020, one of the top detectives in NSW ran afoul of the law by illegally recording conversations; an act that led him to leave the police force in the middle of a major investigation.

Former Detective Chief Inspector Gary Jubelin lost an appeal in the District Court against his conviction and $10,000 fine for illegally recording conversations with someone he considered at the time to be a "person of interest" in the investigation into the disappearance of three-year-old William Tyrrell in 2014.

Jubelin found guilty of covertly recording four conversations

Mr Jubelin, who had led the investigation, quit the force in 2019 after the illegal recording charges were brought against him. In April 2020, Mr Jubelin was found guilty in the Local Court of secretly recording four conversations with a man who lived next door to the missing boy.

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