Summarise surveillance already held, against the optical-surveillance rule

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From footage and posts already on the file, produce a dated summary with source references and a list of apparent inconsistencies. The tool does not collect new material or treat the summary as a finding about credit.
What the lawyer must review
  • Decide whether section 7 applies to recording a private activity, and whether a subsection (2) exception applies.
  • Check how the material was obtained and whether social-media posts are authentic. Do not scrape for more.
  • Do not treat the summary as a credit finding. If it may be filed in the Supreme Court, apply SC Gen 25.
  • Keep the material in a firm-controlled tool. Apply ASCR r 9, APP 11 and the notifiable-breach test.
Written for / version
Victoria versionVICNSWQLDUS

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Victorian personal injury file, before surveillance is used in a proceeding

Produce. A dated summary of material already held, with source references.

Have ready. Footage or posts already on the file; Instructions on how the material was obtained; Section 7 and any court direction the lawyer has identified.

Example of the limit. Illustrative example: The file has a video of a person shopping. The summary gives the date and the claimed inconsistency, and leaves section 7 for the lawyer. It does not say the person is not injured.

Stop and hand it back when

  • The tool is asked to find or record new material.
  • The summary states a conclusion on credit or on whether section 7 was breached.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceFrom footage and posts already on the file, produce a dated summary with source references and a list of apparent inconsistencies. The tool does not collect new material or treat the summary as a finding about credit.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Section 7(1) prohibits knowingly recording or observing a private activity to which the person is not a party, without the express or implied consent of each party, subject to subsection (2).
  2. Read the exceptions that were opened: warrant or emergency authorisation, a Commonwealth law, and the limited law-enforcement and body-worn camera exceptions. Do not assume a private inquiry fits them.
  3. Keep the original file and its metadata. The summary cites the time and the source.
  4. If any of the summary is to go into a Supreme Court document, SC Gen 25 requires verification and, for evidence, the witness's own knowledge and words.

Sources

A County Court practice note on when surveillance must be served was not opened. Do not invent a service deadline.

Section 7 is an offence provision. The summary does not say whether an offence was committed.

Keep health, wage and scheme records in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether any breach is notifiable under the Privacy Act 1988 (Cth).

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