WA Security cam recording audio in small shop

[Tim W]

I'll call it - A sign is worth nothing.
Nor do you get to take the approach that
"Unless you actually object, you are consenting to the recording."
That's not how it works.

...this is a legal forum for advice, no offence can and maybe might be the difference between me going to jail or not. I was really hoping for something a tad more precise.

If it's precision you want, then book yourself an appointment with one of the lawyers here.
The laymen can say what they like, but the lawyers here are necessarily limited to generalities.

 

[JazKaz]

"Unless you actually object, you are consenting to the recording."
That's not how it works.

Given this, what would actually constitute consent to recording, ‘impliedly’ or ‘explicitly’ as acording with the ACT in this situation?

 

[Tim W]

Given this, what would actually constitute consent to recording, ‘impliedly’ or ‘explicitly’ as acording with the ACT in this situation?

For example...

Explicit:
You: "Do you mind if I record you while you're in my shop?"
Customer: "Sure, no problem".

Implicit:
Consent inferred from the shopper's conduct in response to a properly worded notice.
For example, if they stay, or leave, once they see (or are reasonably be able to see) a notice.
Context matters.
So, no, I'm not going to give you for free,
a set of words you can take from here,
and use to make a sign.

 

[roland]

I'll call it - A sign is worth nothing.
Nor do you get to take the approach that
"Unless you actually object, you are consenting to the recording."
That's not how it works. If it's precision you want, then book yourself an appointment with one of the lawyers here.
The laymen can say what they like, but the lawyers here are necessarily limited to generalities.

who can afford lawyers??

 

[Scruff]

If this is a small area where anyone who enters should reasonably expect that anything they say might be overheard by other parties (you for example), then anything they say doesn't qualify as a "private" conversation to begin with. In such circumstances, the Surveillence Devices Act doesn't apply. (Refer to the definition of "private conversation" in the Act.)

Remember it's not just about the black and white of what the Act says about listening devices. The circumstances of where the conversation takes place plays a big part in whether or not the Act even applies.