Tips & Guides

Call Recording Laws in Australia: What Every Business Owner Needs to Know (State by State)

24 February 2026 5 min read

You want to record calls for training or quality assurance. But Australia doesn't have one set of rules. Your state determines whether you need consent from 1 person or both parties. Get this wrong, and you're facing fines up to $2,100 per call.

Call recording is now standard practice in service businesses—for training, dispute resolution, and compliance. But Australian telecommunications laws vary dramatically by state. Record a call without proper consent, and you could face penalties.

Here's what you need to know.

The Two Legal Standards

Australia's call recording laws fall into 2 categories:

One-Party Consent: You can record a call if you're part of the conversation. The other party doesn't need to know or agree. Applies in NSW, QLD, TAS, ACT, NT.

All-Party Consent: Everyone on the call must consent to being recorded. Applies in VIC, SA, WA.

State-by-State Breakdown

One-Party Consent States

New South Wales (NSW)

One-Party Consent

Law: Surveillance Devices Act 2007 (s 7)

You can record calls you're part of without informing the other party. However, you still cannot record calls you're not involved in (e.g., recording someone else's conversation).

Best practice: Still disclose recording to customers. Many businesses include it in their voicemail greeting or IVR system.

Queensland (QLD)

One-Party Consent

Law: Listening Devices Act 1978 (s 42)

You can record calls you're involved in without consent. Recording calls you're not part of is illegal.

Best practice: Notify callers at the start of the call or in your IVR message: "This call may be recorded."

Tasmania (TAS)

One-Party Consent

Law: Surveillance Devices Act 1999 (s 8)

You can record calls you're part of. Recording calls involving only other parties is illegal.

Best practice: Disclose in your voicemail or IVR: "This call may be recorded for training and quality assurance."

Australian Capital Territory (ACT)

One-Party Consent

Law: Surveillance Devices Act 2010 (s 10)

You can record calls you're involved in without consent from the other party.

Best practice: Disclose recording in your IVR or at call start.

Northern Territory (NT)

One-Party Consent

Law: Surveillance Devices Act 1999 (s 6)

You can record calls you're part of. Recording calls you're not involved in violates the law.

Best practice: Include recording disclosure in your voicemail greeting or IVR.

All-Party Consent States

Victoria (VIC)

All-Party Consent

Law: Surveillance Devices Act 1999 (s 6)

IMPORTANT: Everyone on the call must consent to being recorded. Recording without all parties' consent is illegal and carries penalties up to $2,100 per breach.

Best practice: Always disclose at the start: "I'm going to record this call for training and quality purposes. Do you consent?" Get explicit agreement before recording.

South Australia (SA)

All-Party Consent

Law: Surveillance Devices Act 1999 (s 6)

All parties must agree to being recorded. Failure to obtain consent can result in criminal charges and fines up to $2,100.

Best practice: Always ask permission: "For quality and training purposes, I'd like to record this call. Is that okay?" Document consent.

Western Australia (WA)

All-Party Consent

Law: Surveillance Devices Act 1999 (s 5)

You must have consent from all parties. Recording without consent is a criminal offense with penalties up to $12,000 or 12 months imprisonment.

Best practice: Obtain explicit consent at the start of every call. Include recording notice in your IVR or voicemail.

What About AI Call Answering?

If you use an AI system like CallSorted.ai to answer inbound calls, the recording rules still apply. Here's what you need to do:

For one-party states (NSW, QLD, TAS, ACT, NT): You can record calls with the AI without explicit caller consent. Best practice: still include a disclosure in your IVR greeting ("This call may be recorded").
For all-party states (VIC, SA, WA): Your AI system or IVR must obtain explicit consent before recording. You can say: "For quality assurance, this call will be recorded. Please confirm you consent." If the caller doesn't consent, you cannot record.

Important: If a caller is located in an all-party state and calls your business in a one-party state, you should still obtain consent. The location of the caller matters more than the location of your business.

Penalties for Non-Compliance

Recording without consent can result in:

Victoria, South Australia: Up to $2,100 per breach or criminal charges
Western Australia: Up to $12,000 or 12 months imprisonment
Other states: Varies, but typically $1,000–$3,000 per offense

Most importantly: these are per-call penalties. Record 10 calls without consent, and you could face fines of $20,000+.

Best Practices for All States

Include a recording disclosure in your IVR or voicemail: "This call may be recorded for training and quality assurance purposes."
For all-party states, always ask: "I'd like to record this call for training. Do you consent?" and wait for a clear yes.
Document consent: Keep records showing you obtained consent, especially for all-party states.
Serve multi-state customers? Use the strictest rule (all-party consent) to stay compliant across the board.
Review your AI call system: Make sure it includes appropriate consent disclosures for your state.

The Bottom Line

Call recording is legal in Australia, but the rules depend on where you and your callers are located. One-party states give you flexibility; all-party states require explicit consent.

If you operate across multiple states, follow all-party consent rules for every call. It's the safest approach and keeps you compliant everywhere.

CallSorted.ai's AI call answering system includes compliant recording disclosure for all Australian states. Whether you operate in Victoria or Queensland, our system ensures you meet local legal requirements while capturing calls 24/7. We handle consent disclosure so you don't have to worry about penalties.