In Australia, call recording laws vary by state. Under the Telecommunications (Interception and Access) Act 1979, you can generally record a call you are a party to, but recording a call you are not party to is illegal. Most states require at least one party to consent. In practice: always disclose recording to callers with a standard notification at the start of calls. This applies to AI-recorded calls as well as manually recorded ones.
If you're recording business calls — or using an AI receptionist system that records calls — you need to understand Australian call recording law. Getting this wrong can expose your business to civil liability and potential criminal charges under telecommunications law.
This guide is a practical overview. It is not legal advice. For specific situations, consult a telecommunications lawyer or privacy solicitor.
The federal framework: Telecommunications (Interception and Access) Act 1979
The TIA Act is the primary federal legislation governing call recording in Australia. The key rule: it is unlawful to intercept a telecommunications service without the knowledge of the parties to the communication. "Intercept" includes recording.
Importantly, "without the knowledge" is the operative phrase. If you disclose to callers that the call is being recorded — typically via an automated voice notice at the start of the call — you are compliant with the federal framework. One-party consent (i.e. your business is on the call and consents) is generally sufficient under the TIA Act.
State-by-state nuances
New South Wales: The Surveillance Devices Act 2007 (NSW) requires consent from at least one party. Business recording of calls you participate in: lawful with disclosure.
Victoria: The Surveillance Devices Act 1999 (Vic) similarly requires one-party consent. Disclosure is best practice; mandatory for commercial recording systems.
Queensland: The Recording of Evidence Act 1962 and related provisions require consent. The standard "this call may be recorded for quality and training purposes" notification satisfies the consent requirement.
Western Australia: The Surveillance Devices Act 1998 (WA) requires party consent. The WA Act is stricter on private communications — disclosure at call commencement is essential.
South Australia, Tasmania, ACT, NT: Generally follow the federal framework with one-party consent sufficient when disclosure is given.
AI receptionists and call recording compliance
When an AI receptionist handles your calls, the same recording laws apply. CallSorted automatically plays a recording disclosure at the start of every call. Call recordings are stored on Australian servers, accessible only to your account administrators, and retained for 90 days by default (configurable). This structure supports compliance under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Frequently asked questions
Can I record calls without telling callers if it's just for my own notes?
Under the TIA Act, recording a call you are a direct party to is generally lawful under the one-party consent principle — even without disclosure. However, the Privacy Act and best practice still strongly recommend disclosure. If recordings are shared with third parties (employees, advisors, legal teams), additional consent considerations apply. For a business context, always disclose — the risk of not doing so outweighs any minor friction the notification creates.
What are the consequences of recording calls illegally in Australia?
Violations of the TIA Act can result in criminal penalties of up to 2 years imprisonment and substantial fines. Civil liability for damages is also possible if a recorded party suffers harm from the disclosure. In practice, most regulatory action comes from systematic recording without disclosure rather than isolated incidents — but the legal exposure is real and not worth the risk.
Does the recording disclosure need to be in a specific format?
There is no mandated script, but it must be clear, audible, and given at or before the start of the call's substantive content. "This call is being recorded" is sufficient. Most Australian businesses use "This call may be recorded for quality and training purposes" — the "may be" framing is lawful and commonly accepted by regulators as valid disclosure even when recording is consistent.
This article is general information only and does not constitute legal advice. Consult a qualified Australian lawyer for advice specific to your situation.