Unfair Yellow Sticker, infringments etc

[House]

Anyone got a reference to where it says someone being filmed has to consent in order for it to be admissible?

Joe public doesn't need consent to film hoons and have the evidence accepted by a court.

[sathid]

It wouldn't need to see a courtroom. If the media won't show it, youtube has a massive audience that just love seeing stuff like that.

I wonder if the top brass would be forgiving of an officer who brought them such bad publicity (ala that cop doing burnouts video from a while back).

[Thomas Crown]

Oh yeah, and they can just withdraw your permission to film/record them. Keep going and I hope you like lock ups.

Could you do everybody here a favour and fuck the hell up? Honestly cunt, if you had a clue it would be lonely.

Cheers.

[Desmo]

Hahahahah.
Sorry, thats my input.

[thro]

He still has to consent.

Do they?

Does anyone know for sure what the deal is? I was under the impression that people only had to be informed that they were on camera, not that they had to explicitly consent to being filmed.

For example "you may be recorded" is displayed in virtually every taxi in perth, yet I do not get asked "do you mind if you are filmed" before getting in, and typically the cab is rolling and you've been filmed for 15-20 seconds plus by the time you see the sign/camera and acknowledge it.

Do you consent to being filmed every time to walk up to an ATM to get money out?

No, I think it only has to be made known that they are on camera.

But again, I am not a lawyer.


And fullauto - you really have no idea what some cops will try these days mate, and you don't have to do anything in particular to have them start it. Be under 40, drive a flash car or ride a flash bike, and they will pull you over for no other reason than to find something to book you for.

Having been on the road for 36 years, you no longer fit into the demographic of "those damn hoons" that they're no doubt being asked to target - you are considered to be more of a responsible member of the community, irrespective of what you may have been doing at the time, or what vehicle you may have been in control of.

Either that, or the young punk cops are less likely to try and pull the wool over your eyes because they fear that, being older and likely more cashed up, you probably would be less likely to bend over and take it.



edit:
Also on filming/photographing stuff - I don't think it's that hard to get a press/media permit to act as a journalist and thus be exempt from various issues.

Not sure on the specifics... I'll have to ask my dad about it - he has such as permit


Found something... it's not complete though:

11. Invasion of privacy
Privacy in Australia is regulated by the Commonwealth Privacy Act 1988 in addition to the various state Privacy Acts. The Privacy Act specifies standards according to which agencies, whether government or private, are required to deal with personal information. However, the media are exempt from these provisions provided that any conduct which would otherwise fall within the scope of the Act is done in the course of journalism and that the media organisation is publicly committed to observe a set of privacy standards. Publishers who are members of the Press Council subscribe to the Council's own Privacy Standards, as do many publishers who are not represented on the Council. The list of subscribing organisations can be found on the Council's website
In the past Australian law has not included a specific tort of privacy, most courts accepting the High Court's decision in Victoria Park Racing [1934] HCA 65; (1934) 52 CLR 9 as being authority for the proposition that there was no enforceable right to privacy in common law.

from: The Media and the Law


So, become a freelance journalist, and be free to film the cunts in the name of journalism

[Fullauto]

cam, you want to call me a cunt and not want to listen to my input, fine. You want to insult me and say I don't know what I'm talking about, fine.

Ignorance and intolerance is fairly common. Must be really common among the people you deal with. However, try to at least act like a grown up.

[Thomas Crown]

My apologies, I bashed out my last message during a moment of duress.

I'm going to stand by it however. You're just spewing forth misinformation and misery. Nobody needs it and nobody benefits from it.

[Fullauto]

Apology accepted, but I still don't understand the "misinformation and misery" angle. Alternative ways of looking at things aren't detrimental. I stand by what I've said. You just have to understand that cops aren't angels, but neither are they devils. Treat 'em like humans and you stand a much better chance of escaping with nothing or at least with a discount.

[Fullauto]

Thro, I have a pretty good idea what cops get up to and what they have to put up with. Better than most. No, I'm not a cop. I'm too honest to be a cop.

As for the hoon angle, thanks mate. I drive a VE SS and ride loud bikes which don't conform to ADRs. Now that I think about it, when I pull my helmet off and they see how old I am, I guess they think the same thing. They'd be DEAD WRONG but I suppose old age has to have some advantages.

But, "when I was a young bloke" ( fuckin' groan I hear you say) I would average being pulled over for a traffic stop about once a month. Usually on my 1100 Katana. I averaged one booking a year in those days so I can tell you that the polite/respectful angle works. If you are going to say something which will shit them, you are better off saying absolutely nothing. Nothing to write in the notebook and be thrown in your face come the court date then.
"My waters just broke and I've got to get to the maternity ward" probably won't cut it.

The other thing about bookings is "time and place". Burnouts and monos in nice quiet places away from the public are very different to doing them on crowded streets outside the pub. There's a time and a place to go nuts and do your thing. Other times it's licence suicide.

[thro]

^^ times have changed mate.

Things were MUCH LESS BAD as recently as about 5 years ago.

The fast and the furious, and various fucktard kids have given a lot of us an undeserved bad name.


Agreed on time and place, but seriously.... cops will pull you over for NO reason these days, just to pick on irrelevant shit, because they have nothing better to do in their quest to make the road safe.



Also agree on keeping quiet to minimise the memory he has of you. However, if its something like stickering you for something that is clearly LEGAL, then fuck em. Turn on the camera, record it for posterity, and take them to court. This bullshit has to stop.

[Thomas Crown]

^^^ thro beat me like a step child.

But, "when I was a young bloke" ( fuckin' groan I hear you say) I would average being pulled over for a traffic stop about once a month. Usually on my 1100 Katana. I averaged one booking a year in those days so I can tell you that the polite/respectful angle works. If you are going to say something which will shit them, you are better off saying absolutely nothing. Nothing to write in the notebook and be thrown in your face come the court date then.

Things have changed a great deal since 1985 sir.

[Fullauto]

I've done about 35,000 kays on my bikes in the last year....but, I also now realise that I've lived in the bush for the last 4 years and don't have to put up with the crap that goes on in the big smoke. I still see plenty of cops though. The last time I looked like getting booked I got away with nothing after being radared at 21kmh over. 25kmh over the time before that.

Maybe it's my happy retarded smile........

[Ryven]

I thought the moral of the story is, sure you can tell them you're going to film them, but you have to understand that they are likely to ask you to turn it off, and it will likely piss them off whether or not you do turn it off because you wanted to film them in the first place.

[Thomas Crown]

I thought the moral of the story is, sure you can tell them you're going to film them, but you have to understand that they are likely to ask you to turn it off, and it will likely piss them off whether or not you do turn it off because you wanted to film them in the first place.

Oh shit, a public servant will be upset that I wouldn't want to make it easy for them to waste my fucking time?

I'll be sure to shed tears over it some other time. To balance out the universe, I'll give my postman a beer. That guy is cool.

[thro]

Even if you have "please turn that off" on camera, and comply, you can show that to the court and it only supports your case that they were pressing bullshit on you. If it was legit, what reason do they have to object?

If anything, if its YOU who are being charged with an infringement/offence, its YOU who should be worried about a recording of the proceedings. Them complaining about the camera is almost an admission of guilt that they don't want their actions to be seen by their superiors/the courts.

[Gryphen]

Not a lawyer, but good luck getting a video recording made on the side of the road without the coppers permission past a judge to be submitted as evidence.
It would never see the inside of a court room, your lawyer would be in comtempt or whatever if he brought it up. You would still be making the cop angry though.

No he wouldn't be in contempt, a judge or magistrate decides on an evidences' merit and as to whether it is admissable in a court of law.

In fact a judge or magistrate may ask for a private viewing to see why it would want to be entered into evidence, from that he is likely to decide whether to admit it or not.

It is after all their courtroom, and they decide on what they do and do not admit, the rules regarding admissability are guidelines only, the Judge has the final say.

[Ryven]

Oh shit, a public servant will be upset that I wouldn't want to make it easy for them to waste my fucking time?

I'll be sure to shed tears over it some other time. To balance out the universe, I'll give my postman a beer. That guy is cool.

Posties aren't known to execute the "kidney punch while cuffed" manoeuver because they choose to interpret your behaviour as hostile.

Didn't someone on here that did an in-depth write up of his failed attempt at running from the police mention getting booted in the stomach, then being brushed off when he tried to complain about it?

I'll believe you wouldn't back down if asked to stop filming when you show video evidence of this.

thro's suggestion is a lot more practical.

[thro]

^^^ ahh well that was byte, and he *deserved* it

[Thomas Crown]

I'll believe you wouldn't back down if asked to stop filming when you show video evidence of this.

I've taken more lumps than I have backed out of arguments.

[chew]

I would say that it is not illegal to film or take pictures in a public place. If you are in a public place, tuff, you may get filmed or photographed.

As for audio. I was once being harrassed by a dick on the phone after one of my employees had a minor MVA (motor vehicle accident). After informing the police and asking what i should do, I was told to record the phone calls. I queried this and was advised that if I am in the conversation I can record it. This would have to be the case in public also!