Can you record a phone call in Australia?
Get everyone's consent before you record: that is the safe rule anywhere in Australia. NSW, Western Australia, South Australia, Tasmania and the ACT require all parties to agree, with some exceptions, while Victoria, Queensland and the Northern Territory let a participant record.
- Phone calls
- Two layers apply. The Commonwealth Telecommunications (Interception and Access) Act 1979 bans intercepting a call in transit without the knowledge of the person speaking; a participant recording on their own device is generally not treated as intercepting. State and territory surveillance or listening devices Acts then decide. In the all-party states, a participant may record without everyone's consent only under exceptions, such as protecting their lawful interests.
- Business calls
- Assume all-party consent unless everyone on the call is in Victoria, Queensland or the Northern Territory, and announce the recording and its purpose at the start. Businesses under the Privacy Act 1988, mostly those with turnover above A$3 million, must also give APP 5 notice, ideally at the start, use recordings only for that purpose, keep them secure and destroy them when no longer needed.
- What counts as consent
- Consent can be express or implied. An announcement at the start of the call, after which the other person stays on without objecting, generally counts as implied consent. Terms on a website or in a contract only help if the other person has actually seen them.
- Penalties
- State penalties differ. NSW: up to 5 years in prison. Western Australia: up to A$5,000, 12 months in prison, or both for a person, A$50,000 for a company. South Australia: up to A$75,000 for a company.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- One-party: Victoria (Surveillance Devices Act 1999 s. 6), Queensland (Invasion of Privacy Act 1971 s. 43) and the Northern Territory (Surveillance Devices Act 2007 s. 11) let a participant record without consent.
- All-party, with exceptions: NSW, Western Australia, South Australia, Tasmania and the ACT. A participant may still record to protect their lawful interests, and in NSW, Tasmania and the ACT if the recording is not meant for anyone outside the call.
- Every state and territory also restricts passing a recording on. Since 10 June 2025, people can sue for a serious invasion of privacy under a statutory tort in the Privacy Act 1988.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Telecommunications (Interception and Access) Act 1979 (Cth)statute
- Surveillance Devices Act 1998 (WA), section 5, version as at 5 April 2023statute
- Listening Devices Act 1991 (Tas), section 5statute
- OAIC: APP Guidelines, Chapter 5 (notification of the collection of personal information)regulator
- DW Fox Tucker: When is consent required to record a conversation? (August 2026)guide
Other countries
More free tools
Questions
Is Australia a one-party consent country?
No. Get everyone's consent before you record: that is the safe rule anywhere in Australia. NSW, Western Australia, South Australia, Tasmania and the ACT require all parties to agree, with some exceptions, while Victoria, Queensland and the Northern Territory let a participant record.
Can a business record calls in Australia?
Assume all-party consent unless everyone on the call is in Victoria, Queensland or the Northern Territory, and announce the recording and its purpose at the start. Businesses under the Privacy Act 1988, mostly those with turnover above A$3 million, must also give APP 5 notice, ideally at the start, use recordings only for that purpose, keep them secure and destroy them when no longer needed.
What counts as consent in Australia?
Consent can be express or implied. An announcement at the start of the call, after which the other person stays on without objecting, generally counts as implied consent. Terms on a website or in a contract only help if the other person has actually seen them.
What happens if you record a call illegally in Australia?
State penalties differ. NSW: up to 5 years in prison. Western Australia: up to A$5,000, 12 months in prison, or both for a person, A$50,000 for a company. South Australia: up to A$75,000 for a company.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
