Queensland Recording Laws: Complete Guide to the Invasion of Privacy Act 1971

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Queensland Recording Laws

In Queensland, recording laws are governed by the Invasion of Privacy Act 1971. Unlike most other Australian states that use “Surveillance Devices” legislation, Queensland frames its recording laws around the concept of privacy invasion, making it one of the more permissive jurisdictions for recording conversations in Australia.

Under Queensland law, it is legal for any person who is a party to a private conversation to record that conversation without seeking consent from other parties. However, it is illegal to record a private conversation in which you are not a participant. This “single-party consent” rule distinguishes Queensland from most other Australian states.

What is a Listening Device?

Section 4 of the Invasion of Privacy Act 1971 defines a “listening device” as any form of instrument, apparatus, or equipment capable of being used to listen to, monitor, overhear, or record a private conversation. This definition is broad enough to include:

  • Mobile phones with voice recording apps
  • Tablet computers
  • Dictaphones and voice recorders
  • Landline telephones
  • Smart watches with recording capabilities
  • Traditional surveillance “bugs”

What is a Private Conversation?

A private conversation is defined as a communication between two or more people that is intended to be confined to the parties involved and where participants have a reasonable expectation of privacy. Whether a conversation qualifies as “private” depends on several factors:

  • The nature and content of the conversation
  • The location where it takes place
  • The relationship between the parties
  • Whether others could reasonably overhear

A conversation in a public space where others can easily overhear may not be considered private. Conversely, discussions in private residences, offices, or other enclosed spaces typically carry a higher expectation of privacy.

Queensland Publishing Laws

While Queensland permits recording conversations you participate in, there are strict limitations on publishing or disclosing those recordings. Under Section 45 of the Invasion of Privacy Act 1971, it is generally illegal to publish or disclose a recording or the contents of a private conversation, regardless of whether you were a party to it.

However, exceptions apply when:

  • The publication or disclosure is made to another party to the conversation
  • All parties to the conversation give their express or implied consent
  • The publication or disclosure is made during court proceedings
  • Publication is reasonably necessary in the public interest
  • Disclosure is reasonably necessary in performing a duty
  • Publication is reasonably necessary to protect the lawful interests of a party to the conversation
  • Disclosure is made to someone who has a reasonable interest in the private conversation

Exceptions to Recording Restrictions

Section 43(2) of the Act provides several exceptions where recording without being a party to the conversation is permitted:

  • Commonwealth customs officers authorised by warrant
  • Persons employed in Commonwealth security duties
  • Police officers acting under legislative authority
  • Public safety entity officers using government network radios in emergency situations
  • Communications centre operators responding to duress alarms or officer safety concerns

Public safety entities include Queensland Ambulance Service, Queensland Police Service, Queensland Fire and Rescue, Rural Fire Service Queensland, Marine Rescue Queensland, and the State Emergency Service.

Can Illegally Obtained Recordings be Used in Court?

Queensland law under Section 46 generally prohibits persons who have directly or indirectly obtained knowledge about an illegally recorded private conversation from using that knowledge in any civil or criminal proceedings.

Exceptions to this rule apply when:

  • A party to the conversation consents to it being used as evidence
  • The evidence is given in proceedings for an offence against the Invasion of Privacy Act 1971 itself

However, courts have discretion under the uniform evidence legislation to admit improperly obtained evidence if the desirability of admitting it outweighs the undesirability of how it was obtained.

Queensland Video Recording Laws

Video recording without audio is governed separately under the Criminal Code Act 1899. Section 227A creates the offence of “Observations or Recordings in Breach of Privacy.”

Under Section 227A(1), it is illegal to observe or visually record another person in circumstances where a reasonable adult would expect privacy, without that person’s consent, when the person:

  • Is in a private place (such as a bedroom, bathroom, toilet, or changing room)
  • Is engaging in a private act and the recording is made for the purpose of observing or recording that private act

Section 227A(2) creates a separate offence for observing or visually recording another person’s genital or anal region without consent, regardless of location, when done for the purpose of observing those areas.

You may freely record anything in a public setting where there is no reasonable expectation of privacy.

Body Corporate and Strata Properties

If your property is part of a body corporate, installing exterior surveillance cameras must comply with body corporate and community management obligations under the Body Corporate and Community Management Act 1997. You may need approval from the Body Corporate Committee, and cameras that cause nuisance to common property may be in breach of these laws.

Drone Recording

Drones with recording capabilities are subject to both Queensland privacy laws and federal Civil Aviation Safety Authority (CASA) regulations. If a drone is recording audio, the Invasion of Privacy Act applies. Visual recording from drones may breach Section 227A if it captures people in circumstances where they would expect privacy.

Workplace Recording in Queensland

Recording conversations in the workplace is a common but legally complex area. While Queensland’s single-party consent rule means employees can legally record conversations they participate in, the workplace context introduces additional considerations.

Legal vs. Permissible: The Key Distinction

Just because something is legal does not mean it is without consequences. The Fair Work Commission has consistently held that covertly recording workplace conversations, even where lawful under state law, can constitute serious misconduct and valid grounds for dismissal.

The Commission has stated that secretly recording conversations at work “strikes at the heart of the employment relationship” and undermines “the necessity of trust and confidence in the employment relationship.” Such conduct has been labelled an “extreme impropriety.”

Recording Meetings You Attend

In Queensland, you can legally record workplace meetings, performance reviews, disciplinary hearings, and other conversations you participate in. However:

  • Your employer may have policies prohibiting covert recording
  • Recording may breach your duty of good faith and fidelity to your employer
  • Discovery of a secret recording can damage trust and justify termination
  • Even if dismissal occurs, your recording might help your case but won’t save your job

Recording Conversations You Are Not Part Of

Leaving a recording device to capture conversations among colleagues that you are not participating in is illegal under Queensland law. This constitutes “electronic eavesdropping” and violates the Invasion of Privacy Act.

Employer Monitoring

Unlike NSW and the ACT, Queensland does not have specific workplace surveillance legislation. However, employers must still comply with the Invasion of Privacy Act when monitoring audio communications. Employers generally can:

  • Monitor computer usage and internet activity
  • Review email communications on work systems
  • Use CCTV in common areas with appropriate notice

Employers should inform employees about monitoring practices, and audio recording by employers typically requires consent or notification.

Notable Court Cases

Several Fair Work Commission and court cases have shaped how recording laws apply in practice, particularly in employment contexts.

Zhang v Royal Automobile Association of South Australia (2019)

In this case, Mr Zhang covertly recorded a meeting with his managers. The Fair Work Commission found that the recording “fatally damaged” the employment relationship and constituted a valid reason for dismissal. Significantly, the Commissioner refused to admit the recording into evidence, despite Mr Zhang’s attempts to rely on it.

Chandler v Bed Bath N’ Table (2020)

This case demonstrates the complex outcomes possible with covert recordings. Ms Chandler secretly recorded a conversation with her employer. The Fair Work Commission initially accepted the recording into evidence, and it substantially helped her unfair dismissal case by revealing that her employer had made incorrect representations about the Fair Work Act.

However, when the covert nature of the recording came to light during compensation proceedings, the Commission found that making the recording was itself a valid reason for dismissal. While Ms Chandler’s original dismissal was found unfair, the employer successfully avoided a reinstatement order because the secret recording destroyed the trust required for the employment relationship to continue.

Altham-Wooding v PKDK Adventures (2024)

The Fair Work Commission rejected an unfair dismissal application when it was discovered that the employee had secretly recorded a conversation with her employer during a dispute about rostered casual work hours. The Commission found that the secret recording was “contrary to her duty of good faith and fidelity to her employer” and undermined “the trust and confidence required in the employment relationship,” making the termination valid.

Ogbonna v CTI Logistics Ltd (No.2) (2015)

In this Western Australian unlawful discrimination case, Mr Ogbonna sought to have an unlawfully recorded conversation admitted into evidence. The Federal Circuit Court refused, weighing several factors:

  • The recording was only a partial fragment of a lengthy meeting
  • Other witnesses could provide better evidence of what occurred
  • The recording was deliberately made and deliberately not disclosed until the last minute

The court concluded that “the desirability of admitting it did not outweigh the undesirability of admitting it having regard to the way in which it was obtained.”

Telephone Recording Rules

Recording telephone conversations involves additional federal legislation that overrides state law. The Telecommunications (Interception and Access) Act 1979 (Commonwealth) makes it a federal offence to intercept a communication passing over the telecommunications system, including by recording.

This means that even though Queensland allows single-party consent recording, it is illegal to record a telephone call by directly connecting a recording device to the telecommunications system, even if you are a party to the conversation.

Legal Methods of Recording Calls

To legally record a phone conversation in Queensland:

  • Use an external recording device held near the phone’s speaker (not physically connected)
  • Put the phone on speaker and use a separate recorder to capture the ambient sound
  • Use recording apps that do not directly intercept the telecommunications signal (legal status of some apps remains unclear)

Police conducting investigations typically use external devices during “pretext calls” for exactly this reason. They position recording equipment to capture the conversation after it has been converted to audible sound, rather than intercepting the electromagnetic signal.

Video Conferencing

The federal Telecommunications Act applies to video conferences as well as phone calls. Recording Zoom, Teams, or other video meetings by direct capture may technically breach federal law, although enforcement in personal contexts is rare. It is always safest to inform other participants when recording.

How Queensland Differs from Other Australian States

Queensland’s recording laws are notably different from most other Australian jurisdictions in several key ways.

Single-Party vs. All-Party Consent

Jurisdiction Consent Required Key Legislation
Queensland Single-party (participant can record) Invasion of Privacy Act 1971
Northern Territory Single-party Surveillance Devices Act 2007
Victoria All-party consent required Surveillance Devices Act 1999
New South Wales All-party consent required Surveillance Devices Act 2007
Western Australia All-party (with some exceptions) Surveillance Devices Act 1998
South Australia All-party consent required Surveillance Devices Act 2016
Tasmania All-party consent required Listening Devices Act 1991
ACT All-party consent required Listening Devices Act 1992

Table of Contents

📑 Table of Contents (click to expand)

The “Invasion of Privacy” Framework

Queensland uses an “Invasion of Privacy” framework rather than “Surveillance Devices” legislation. This terminology reflects Queensland’s focus on protecting privacy as a right, rather than primarily regulating the use of surveillance equipment. The practical effect is similar, but the legal reasoning and some exceptions differ.

Interstate Recordings

If you are in Queensland but recording a conversation with someone in another state, the situation becomes complex. Generally, the law of the state where the recording device is located applies, but the other state’s laws may also be relevant. If you regularly record calls with people in other states, seek specific legal advice.

Penalties for Violations

Audio Recording Offences

Violating Queensland’s audio recording and publishing laws under the Invasion of Privacy Act 1971 carries a maximum penalty of 40 penalty units or imprisonment for 2 years. As of 2024, one penalty unit in Queensland equals $154.80, making the maximum fine approximately $6,192.

Additionally, the court may order forfeiture of any listening device used in the commission of the offence.

Video Recording Offences

Violating Queensland’s video recording laws under Section 227A of the Criminal Code is a misdemeanour punishable by a maximum penalty of 3 years imprisonment. The severity of sentencing depends on factors including:

  • The nature and extent of the privacy breach
  • The intention behind the recording
  • Any harm caused to the victim
  • The age of the victim
  • The sophistication of the recording setup
  • The defendant’s criminal history

Corporate Liability

Under Section 49A of the Invasion of Privacy Act, if a corporation commits an offence, executive officers of the corporation may also be held personally liable for the offence.

Practical Guidance

When You Can Record in Queensland

  • Face-to-face conversations you are actively participating in
  • Phone calls using an external recording device (not directly connected)
  • Video meetings you are attending (with awareness of federal telecommunications law)
  • Public events and spaces with no expectation of privacy

When You Cannot Record

  • Private conversations you are not a party to
  • People in private places without consent
  • Intimate activities without consent
  • Phone calls by direct interception of telecommunications

Best Practices

  • When possible, inform participants you are recording to avoid disputes
  • Understand that legal recording can still have professional consequences
  • Store recordings securely to prevent unauthorised access
  • Seek legal advice before using recordings in legal proceedings
  • Do not publish or share recordings without proper legal justification

Resources

Other Australian Recording Laws