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What people have been saying

  1. re Episode 12 Series 1

    in a Regulatory matter whilst you can covertly record an interview, by doing so haven’t you breached procedural fairness by not informing them of their right not to not consent to an interview??

  2. Not necessarily. First of all, they might not have a ‘right’ not to consent to a recording of an interview, if you have a right to record the interview. (The right to not consent to an interview is a different right – and criminal and civil proceedings are different here, as discussed in the video.)

    Whether recording the interview is a breach of procedural fairness will depend on all the circumstances. You might record an interview but never use it – and that does not make any decision made later an unfair decision. Ultimately it may depend on how you might want to use the recording in the making of any relevant decision.

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