Is It Legal to Record Phone Calls? How to Do It Right?

Is it illegal to record a phone call? Recording phone calls is something many people think about, sometimes to keep a record, for protection, and other times for training or compliance reasons.

But what are the nuances of phone recording? It may sound simple, but the law around recording conversations in Australia is far from straightforward. Today, we’ll unpack what counts as a phone recording, what the laws say, where misconceptions come from, and how to do it the right way.

What counts as a phone recording?

When we talk about “recording a phone call,” we mean capturing the sound of the call so you can listen to it later, using any listening device, from a phone app to a voice recorder, including video calls or face-to-face conversations.

Common misconceptions of phone recording

A common myth is that all phone calls in Australia are automatically recorded. This isn’t true; personal calls aren’t recorded unless you choose to record them yourself.

So, are you allowed to record phone calls? The answer is yes, but only under strict rules. For example, businesses may record customer calls, but only with consent. That’s why call centres say, “This call may be recorded for training purposes.” By announcing this and continuing with the call, it counts as implied consent.

Emergency services may also keep records of certain calls, but this happens under specific legal rules.

Consent requirements

Another misconception is that simply being part of a conversation gives you the right to record it. In some states, that’s allowed, but in others, recording without telling everyone involved is against the law. 

Consent is the pillar of call recording; without consent, you’re stepping into dangerous territory. In Australia, as a general rule, every call recorded should be under an “all-party consent”, where everyone in the conversation agrees before you hit record.

However, some states accept a “one-party consent”, but there are rules on how to use or share the recording.

What is “one-party consent”?

One-party consent means that if you’re part of the conversation, you’re allowed to record it without telling the others. 

For example, states like Queensland, Victoria and the Northern Territory are applicable, but the recording is limited as using it in court or sharing it may still require consent from everyone else.

Phone recording laws in Australia

Is it legal to record a phone call in Australia? Well, the Australian law on recording calls is a patchwork of federal and state rules. 

At the national level, the Telecommunications (Interception and Access) Act 1979 (Cth) is the main federal law. Here, you’ll find the framework that makes it illegal to tap live calls secretly without a warrant. 

On top of that, each state and territory has its own rules for recording conversations.

General state-by-state regulations

• New South Wales (NSW): Recording phone calls in NSW is highly restricted. Recording private conversations without consent is illegal, even if you’re part of it, unless needed to protect lawful interests. 
• Victoria (VIC), Queensland (QLD) and Northern Territory (NT): One-party consent permitted, but to sharing requires everyone’s consent. 
• South Australia (SA), Western Australia (WA), Tasmania (TAS) and the Australian Capital Territory (ACT): All-party consent required.

Other legal considerations

Businesses need to be in accordance with other regulations, such as a Privacy Policy and the Privacy Act 1988 (Cth), especially when the business is collecting personal information. 

For training, compliance, or dispute resolution purposes, you must notify all participants in advance, handle recordings in accordance with compliance requirements, and provide the option not to be recorded.

Common scenarios explained

There are a few common cases where people get confused about whether it’s permissible to record a conversation without consent. The ones we hear the most include:

1. “What if I record someone at my home?”

It doesn’t matter the place where the conversation took place. If it’s a private conversation that you recorded without consent, it is still generally unlawful. Exceptions to this are related to immediate safety threats, but it’s always safest to ask for permission. 

2. “I recorded a meeting, but it was just a minute or for training”

Even if it’s just for one minute, talking or training, you need to notify and obtain consent to record.

3. “The other person didn’t know I recorded it”

Secretly recording a conversation, even if you’re involved, can be illegal, especially if shared or published. In some states, like NSW, participation doesn’t automatically allow secret recording.

4. “I recorded for evidence” 

Courts may sometimes accept private recordings as evidence if needed to protect lawful interests, but relying on this is risky; seek legal advice first.

5. “This was recorded for journaling purposes”

Journalists are subject to the same consent laws. Public interest arguments exist, but they’re complex.

Legal risks, penalties and court admissibility

Failing to adhere to the regulations of phone recording can be considered a criminal offence in many states. Penalties include:

• fines ranging from $5,000 to $55,000;
• prison sentences from 6 months to 5 years; and/or
• civil claims for breach of privacy. 

Grey areas and exceptions

• Private vs confidential: A private conversation happens where people expect privacy. Confidential means sensitive with explicit trust. Both should be protected.
• Implied consent: If someone continues a call after hearing a recording disclaimer, that’s often considered implied consent.
• Family disputes: Courts tread carefully with secret recordings in family law. Misuse can harm legal outcomes.
• Lawful interests: Protecting legal rights or safety may sometimes justify recording, but this is narrow and needs legal guidance.

Best practices of phone recording

Therefore, how do I record a phone call? Well, the safest approach is keeping things transparent, and whether you are an individual or a business, the best advice is always to get clear consent and record only when necessary. 

Other practices for individuals:

• avoid recording in secret, even if you think it protects you; and
• seek legal advice before relying on recordings in disputes.

Other practices for businesses:

• use scripted disclaimers at the start of calls;
• give people the option not to be recorded;
• record only when necessary for training, compliance, or dispute resolution purposes;
• store recordings securely and follow your Privacy Policy;
• train staff on call recording rules; and
• get legal assistance to draft and review your key business agreements.

Finally, legal advice is the smartest path. Every situation has its own nuance, and understanding your rights and obligations before pressing record can help you avoid costly mistakes and protect yourself. 

Other common questions on phone recording

Do phone providers automatically record all phone calls?
No, only certain services like call centres or emergency lines may record, and usually with notice.

Can I record in public?
It may be allowed, but it depends on whether the people involved expect privacy. Whether you are in public or a private space, recording without consent is unlawful.

Can I track someone’s location or monitor their device?
No, installing tracking or surveillance software without consent is illegal.

Can employees be recorded?

Only with notice and proper policy, no matter if it’s just for training or a quick catch-up. Employees should receive written or voice notice, and the company’s recording policy should be accessible.

How long can my business legally retain recorded calls under privacy law? 

Businesses should keep recordings only as long as needed (usually 2–5 years) while following privacy laws and regulations.

Final thoughts 

Recording calls is a sensitive topic. We know that it feels tempting to press record for safety or convenience, but the law takes a stricter view. 

If you’re still asking, “Is it legal to record a phone call in NSW?”, the answer is that the rules are strict, NSW law generally requires consent, and secretly recording private conversations can carry serious penalties.

Therefore, always remember that in Australia, consent is king; and although each state has its own rules, being informed is key to protecting yourself and staying on the right side of the law. 

If you need help understanding your obligations, H+A Legal is here to provide the practical advice you need, assist with all business legal matters, from business structuring, commercial disputes, business agreements, terms and conditions and more.