Call recording laws in Australia: NSW, Victoria, Queensland and SA compared

Australia doesn't have one national call recording law. Each state has its own surveillance or listening device laws, and federal privacy law sits on top of them. If your business records sales or support calls, a rule that's fine in one state can be risky in another. That matters because one campaign can reach people in several states. The simplest safe habit is to tell everyone on the call that it's being recorded, right at the start, every time.

This article covers what official and legal aid sources say about NSW, Victoria, Queensland and South Australia, how federal privacy law applies, and what to do if you call people anywhere else. It's general information, not legal advice. Check your own situation with a lawyer or the relevant regulator.

Why the rules change at the state border

Each state's surveillance device laws set out when you can record a private conversation, whether you need consent, and what you can do with the recording afterwards. They don't all draw the line in the same place. Some focus on consent at the moment of recording. Others focus more on what happens when a recording is shared or published.

For a business, the practical problem is that you often don't know where the other person is. A mobile number tells you nothing about location, and a customer with a Brisbane address might pick up in Sydney. Building your process around the strictest likely rule is usually easier than trying to work out the location on every call.

What official sources say, state by state

New South Wales

NSW is one of the stricter states for businesses that record calls. Under section 7 of the Surveillance Devices Act 2007, you can't record a private conversation you're part of unless all the principal parties consent. The exceptions are where one principal party consents and the recording is reasonably necessary to protect their lawful interests, or where it isn't made to be shared with people who weren't on the call.

Business call recordings are usually made so they can be shared: with managers, quality reviewers, trainers or outside vendors. So you shouldn't rely on the narrow exceptions. Treat consent from everyone on the call as the standard you need to meet.

Victoria

Victoria Legal Aid says that under both state and Commonwealth law, you can legally record a private conversation if you're a party to it and the recording isn't made through a device installed within the phone, such as an interception device.

That's a more permissive starting point than NSW. Still, being allowed to record doesn't settle whether you can use or share the recording, or whether your privacy obligations are met. Also check how your recording is actually captured. A cloud phone system or call platform works differently from a handset app, so ask your provider how recording happens technically and get advice if you're unsure.

Queensland

Legal Aid Queensland says it isn't illegal in Queensland to record a conversation you're involved in without the other people's consent. But communicating or publishing the recording without their permission is illegal, with some exceptions.

For businesses, the risk sits in what happens after the call. Sending a recording to a coaching vendor, playing it in a team meeting or using a clip in training material could all count as communicating it. Getting permission at the start of the call covers both the recording and its later use.

South Australia

In South Australia, the Surveillance Devices Act 2016 generally bans using a listening device to record a private conversation without the consent of all the principal parties, subject to some exceptions. That consent can be express or implied.

Implied consent is where a clear announcement helps. If the person hears that the call is being recorded and chooses to keep talking, you're in a much stronger position than if you said nothing. Whether that counts as enough in a particular case is a question for a lawyer, but a clear notice is the starting point.

Western Australia, Tasmania, the ACT and the Northern Territory

If you call people in these places, or your business is based there, get advice specific to that jurisdiction. Don't assume it works like any of the states above. A short review with a lawyer who knows the local surveillance laws is cheap compared with fixing a recording program after a complaint.

Announce recording at the start of every call

Across the four states above, one practice meets the strictest version of each rule: tell people at the start of the call that it's being recorded and why, and give them a way to say no.

This works because:

• It gives you a basis for consent from everyone on the call, which NSW requires and South Australia generally requires.
• It gives you a basis for permission to use the recording later, which matters in Queensland.
• It works the same whether the person is in Perth, Hobart or Darwin, so your team doesn't have to work out where they are.
• It builds trust. People respond better to openness than to finding out later that they were recorded.

What a good announcement covers

Keep it short and plain. A workable announcement says:

• Who is calling, meaning your business name.
• That the call is being recorded.
• Why, for example quality, training or keeping an accurate record of what was agreed.
• What the person can do if they don't want to be recorded.

A suggested wording: "Hi, it's [name] from [business]. Just so you know, this call is recorded for quality and training. If you'd rather it wasn't, let me know and I'll turn recording off." Adjust it to suit your business and have your lawyer check it.

When someone says no

Decide this before it happens. The options are to stop recording and continue the call, to offer another channel such as email, or to end the call politely. Whatever you choose, make it simple for staff and set up your systems so recording can actually be switched off for that call. An announcement only means something if you act on the answer.

Federal privacy law sits on top of state law

State surveillance laws aren't the only thing to consider. A recorded call almost always contains personal information.

Most small businesses, meaning those with an annual turnover of $3 million or less, aren't covered by the Privacy Act 1988. Some are covered regardless of turnover, including health service providers and businesses that trade in personal information. Check which group you're in.

If you are covered, APP 5 requires you to take reasonable steps, at or before collecting personal information or as soon as practicable afterwards, to tell the person things like your identity and contact details and why you're collecting it. A good recording announcement and an up-to-date privacy policy go a long way towards this.

For sales calls, the OAIC says APP 7 on direct marketing doesn't apply to communications covered by the Do Not Call Register Act or the Spam Act, but generally applies to direct marketing calls to numbers that aren't on the Register. When it applies, you must give people a simple way to opt out and, if they ask, stop using or disclosing their information for direct marketing within a reasonable period. Your call scripts and CRM should record opt-outs as reliably as they record recording consent.

The stakes are also higher than before. The Privacy and Other Legislation Amendment Bill 2024, passed in November 2024, introduced a statutory tort for serious invasions of privacy and gave the OAIC new tiers of civil penalties and the power to issue infringement notices.

If an AI voice agent is on the call

More businesses now use AI voice agents to make or handle calls, and many of those calls are recorded and transcribed. When they are, the same state rules apply, along with a few extra points.

The OAIC's AI guidance says that when you collect personal information through a public-facing AI system, you should make sure people know they're interacting with an AI system rather than a human. It also recommends updating your privacy policies and notifications with clear information about how you use AI, including clearly identifying public-facing AI tools. In practice, the AI agent's opening line should say it's an AI assistant and, if the call is being recorded, say so.

Looking ahead, from 10 December 2026, organisations covered by the Privacy Act that use personal information in automated decision-making that could affect people's rights or interests must explain in their privacy policies the kinds of personal information used and the kinds of decisions made. If your AI system qualifies or disqualifies leads, or decides who gets an offer, review your privacy policy before that date.

A checklist before you press record

• Map where your customers and prospects are likely to be, and assume calls will cross state lines.
• Put a recording announcement at the start of every call, for human and AI callers alike.
• Give people a real way to opt out, and make sure your phone system can stop recording when they do.
• Decide who can access recordings, how long you keep them and how you'll delete them.
• Limit sharing with third parties, and check vendor contracts cover how they handle recordings.
• Check whether the Privacy Act covers your business, and update your privacy policy if it does.
• Disclose AI clearly if an AI agent is making or handling calls.
• Get advice for any state or territory not covered above.

Questions to ask your lawyer

• Does our announcement wording meet the consent standard in every state we call?
• Can we rely on implied consent anywhere, or should we always get express consent?
• What counts as communicating or publishing a recording for our training and quality uses?
• How should we handle calls where the other person's location is unknown?
• What changes if an AI agent is making the call?

Putting it into practice

The legal details differ between states, but the safe operating habit is the same everywhere: announce, explain, offer an opt-out and respect the answer. If you're adding automation to your sales calling, build those habits into the system from the start rather than adding them later. Dialessa is an AI voice agent that calls new enquiries within a minute, inside your calling hours, asks your qualifying questions and books the appointment into your calendar. Dialessa does not record calls to your leads. Whatever tools you use, treat transparency at the start of every call as standard, and get local advice wherever you're unsure.