A child's interest in not being the victim of serious criminal offences, including sexual exploitation and sexual abuse, constitutes a 'lawful interest' for the purposes of s 7(3)(b)(i) of the Surveillance Devices Act 2007 (NSW). Where a child complainant is living with the alleged offender, is frightened of the offender, and the only other adult in the household has been convinced the child is lying, a covert recording may be 'reasonably necessary' for the protection of the child's lawful interests even though the child could theoretically have contacted police. The availability of police as an alternative avenue is to be assessed having regard to the practical realities of the complainant's situation, including age and domestic circumstances. Sepulveda v R is distinguishable where the complainant is a child and the assaults are ongoing.
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