Call Recording Laws in Australia: A Guide for Small Businesses

Call recording laws in Australia: the short answer

There is no single national rule for recording business calls. Federal law protects live phone calls from being intercepted, and each state and territory has its own surveillance or listening devices Act that covers recording private conversations. On top of that, the Privacy Act 1988 controls what you do with a recording once you have it.

Because the rules differ by jurisdiction, and calls cross state borders, the safest everyday habit for a small business is simple: tell every caller, at the start of every call, that the call is recorded and why. The rest of this guide explains why, and how to do it well, including with an AI receptionist.

> General guidance, not legal advice. This article summarises what the legislation says as we read it. It does not cover every exception, penalty or recent amendment, and it is not a substitute for advice from a lawyer who knows your industry and states. Check the current version of each Act before you rely on it.

The federal layer: the TIA Act

The Telecommunications (Interception and Access) Act 1979 (the TIA Act) says a person must not intercept a communication passing over a telecommunications system, or authorise or enable someone else to do so (section 7(1)). Section 6(1) defines interception as listening to or recording a communication in its passage over the system "without the knowledge of the person making the communication".

The practical point is the knowledge element. A caller who has been clearly told the call is being recorded is in a very different position from one who has not. That is one reason an announcement at the start of the call is worth treating as standard. The Act has other exceptions, so if your setup is unusual, get advice.

State and territory rules: they differ

The state and territory Acts split into two broad groups, based on what their main prohibition says.

Two things follow.

Where you are matters, but so does where the caller is. In NSW, WA, SA, Tasmania and the ACT, a party to a call who records it can still be caught by the Act unless an exception applies. In Victoria, Queensland and the Northern Territory, the main prohibition is aimed at people who record conversations they are not part of. Which State's law applies to a given call can depend on where each person is, and this guide does not try to settle that. If you serve several states, one consistent announcement is simpler than a different rule per caller.

Recording is not the only restriction. Several Acts separately limit communicating or publishing a recording or report of a private conversation, including Victoria (section 11), WA (section 9), Tasmania (section 10), the ACT (section 5) and the Northern Territory (section 15). Queensland's Act has its own restriction as well. Even where recording is allowed, sharing a recording outside the conversation is a separate question, so keep recordings internal unless you have advice.

We have left penalties out on purpose, as they vary and change. Check the current Act.

Privacy law: what happens after you record

A recording of a customer's voice, and any transcript or summary, is usually personal information. The Office of the Australian Information Commissioner (OAIC) says most small businesses, meaning those with annual turnover of $3 million or less, are not covered by the Privacy Act, but some are regardless of turnover, such as health service providers and businesses that trade in personal information. Check the OAIC's small business guidance before assuming you are outside the Act. Either way, the recording laws above still apply.

If the APPs apply, these are the ones that matter most for recorded calls (read them in full on the OAIC site):

• APP 3 (collection). Collect only what is reasonably necessary for your functions, and by lawful and fair means. The OAIC's APP 3 guidelines say it would usually be unfair to collect personal information covertly, without the person's knowledge. That is another reason to announce recording.
• APP 5 (notice). Take reasonable steps to tell people about the collection, including why you collect and who you disclose to. A short announcement and a clear privacy policy are a practical start.
• APP 6 (use and disclosure). Use the recording for the purpose you collected it for, or a purpose the Act allows.
• APP 8 (overseas disclosure). If a provider stores or processes recordings outside Australia, work out what that means for you before you sign up.
• APP 11 (security and destruction). Protect recordings from misuse and unauthorised access, and destroy or de-identify personal information you no longer need.
• APP 12 (access). People can ask for the personal information you hold about them, which can include a recording or transcript.

Telling callers: consent wording that works

Several Acts speak of consent, and some say it can be express or implied. Consent is easier to show when the caller was clearly told, early, in plain words. Our practical approach:

• Announce at the very start, before the caller shares any details, not buried at the end of a long greeting.
• Say it is recorded, and why. "For training and quality" is vague. "So we can take accurate notes of your booking" is more honest and more useful.
• Offer an alternative where you can, such as "If you'd prefer not to be recorded, say so and we'll transfer you to a person." This is a good practice rather than a legal requirement.
• Cover every route in. Play it on your main number, direct lines, after-hours lines and any forwarded mobiles. Call forwarding setups often skip it.

Whether a caller who stays on the line has legally consented is a question for your lawyer. We recommend the announcement because it supports consent and the notice rules, not because it settles every case.

Sample announcement scripts

Adapt these to your business and have a lawyer check them against your own situation.

Simple recorded line

"Thanks for calling [Business name]. This call is being recorded so we can keep accurate notes. Our privacy policy is on our website. How can we help?"

With an opt-out

"Thanks for calling [Business name]. We record calls so we can take accurate notes of your request. If you'd rather not be recorded, say 'no recording' and we'll put you through to a person. How can we help?"

AI receptionist answering

"Thanks for calling [Business name]. You're speaking with our AI receptionist. This call is recorded and transcribed so we can pass your details to the team. If you'd like a person instead, just say so."

If your on hold messages or auto attendant menu plays before a person answers, put the recording notice in the first thing the caller hears. Our voicemail greeting examples cover after-hours messages.

Storage and retention

A recording you do not need is a risk you do not need. A sensible small business setup looks like this:

1. Decide why you record (such as accurate bookings or training) and write it down. It should match your announcement and privacy policy.
2. Set a retention period that fits that purpose, and delete or de-identify recordings and transcripts when it ends. APP 11 expects you to destroy or de-identify personal information you no longer need, so "keep everything forever" is hard to defend.
3. Limit access to people who need it, with individual logins.
4. Know where recordings live, including which provider stores them and in which country (APP 8), and be able to find one when someone asks for access (APP 12).
5. Do not share recordings outside the business unless you have checked the communication and publication rules above.

Recording staff calls

The same laws apply when you record calls with your own team. A few extra habits help:

• Tell staff in writing which lines are recorded, why, who can listen and how long recordings are kept, and keep that policy current.
• Keep it to business lines. Tell staff if personal calls on business phones may be recorded.
• Check your state's workplace rules. NSW, for example, has its own Workplace Surveillance Act 2005 with notice requirements for surveillance of employees. If you have staff in NSW, read it or get advice.

How this applies to AI receptionists

An AI receptionist answers calls and usually produces a transcript, a summary or both. That does not change the laws above, but it adds some questions worth asking before you switch one on. The OAIC has published guidance on privacy and the use of commercially available AI products, which is a good place to start.

• Say it is an AI. Tell callers up front that they are speaking with an AI receptionist, as in the sample script above, rather than letting them assume.
• Announce recording and transcription before the conversation begins. The announcement should come before the caller shares details, and it should cover transcripts and summaries as well as audio.
• Treat transcripts and summaries as personal information. They contain names, numbers and the reason for the call, and can reveal sensitive details. Include them in your announcement, privacy policy and retention plan.
• Ask your provider where data goes. Find out where it is stored, who can access it, whether subcontractors process it and whether it leaves Australia.
• Match retention to need, and keep a human option. You should control how long transcripts and recordings are kept, and callers should be able to reach a person easily.

Our how AI receptionists work guide explains what an AI receptionist actually does on a call, and IVR vs AI receptionist compares the older menu approach. For the security side, see data security in AI.

FAQ

Is it legal to record phone calls in Australia?

Sometimes, depending on the circumstances and the state or territory. Federal law restricts interception of calls without the knowledge of the person making the communication, and each state and territory has its own listening or surveillance devices Act. In NSW, WA, SA, Tasmania and the ACT, recording a private conversation you are part of is restricted unless an exception applies. Always check the current Act and, if in doubt, get advice.

Do I have to tell callers I am recording?

We recommend you always do. Federal law turns on whether the person making the call knew, several state Acts refer to consent, and the Privacy Act's notice and fairness rules point the same way. A short announcement at the start of the call is the simplest way to cover all of them.

Is "this call may be recorded" enough?

It is better than nothing, but "may be" is vague about whether recording is happening. A clearer line says the call is recorded and why. Whether any wording is legally sufficient in a particular case is a question for your lawyer.

Next step

Ring your own business line from a mobile and listen as a caller would. Is there a clear recording announcement in the first few seconds, in plain words? If not, write one using the scripts above and add it to every line. If you would like an AI receptionist that answers calls in your business's name, Get started.