---
title: "Summarise surveillance already held, against the optical-surveillance rule"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/summarise-surveillance-and-social-media-material-the-lawyer-has-already/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-T1-R14-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Summarise surveillance already held, against the optical-surveillance rule

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/summarise-surveillance-and-social-media-material-the-lawyer-has-already/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | Victoria |
| Applies to | [Summarise surveillance and social-media material the lawyer has already collected](https://ailawframework.com/practice/personal-injury-and-compensation/summarise-surveillance-and-social-media-material-the-lawyer-has-already.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether the recording can be used, and the summary is not a finding.

- What the AI does: 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 does: Decide lawfulness and admissibility, and approve any use of the summary.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

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.

## Notes

- 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).

## Practical guide

Jurisdiction: Victorian personal injury file, before surveillance is used in a proceeding

**Deliverable**: A dated summary of material already held, with source references.

**Inputs**

- 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**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Surveillance Devices Act 1999 (Vic), section 7](https://classic.austlii.edu.au/au/legis/vic/consol_act/sda1999210/s7.html) (checked 2026-10-23)
- [Supreme Court of Victoria: SC Gen 25 Use of artificial intelligence by court users](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*