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Western Australia Recording Laws

Western Australia Recording Laws

According to Section 5 of Western Australia’s Surveillance Devices Act 1999, Western Australia is considered an All Party Consent State, this means it is against the law to use, install or maintain a listening device to record or listen to a private conversation to which that person is not a party. This means in Western Australia, you are not allowed to record a private conversation regardless of whether or not you are a participant in that conversation unless you have the consent of everyone involved in the recording.

However, the law allows you or somebody on your behalf to record a private conversation to which you are a participant under the following conditions:

  • All parties to the conversation give express or implied consent to the installation, use or maintenance of the recording device.
  • A party to the conversation gives express or implied consent to the recording and the recording is necessary for the protection of the lawful interests of that party.
  • The recording is done as instructed or authorized by a law enforcement officer in the course of an investigation into a suspected criminal offence.
  • The recording is done in the course of your duty as a law enforcement officer.

Western Australia Video Recording Laws

Western Australia makes it illegal to install, use or maintain an optical surveillance device to record or observe a private activity regardless of whether or not you are a party to the private activity.

However, you or someone on your behalf can record a private activity to which you are a party to if:

  • All parties to the private activity give implied or express consent to the recording.
  • A party to the private activity gives implied or express consent to the recording and the recording:
    • Is carried as part of your duty as a law enforcement officer.
    • The recording is done as instructed or authorized by a law enforcement officer in the course of an investigation into a suspected criminal offence.
    • The recording is reasonably necessary for the protection of the lawful interests of that party.
  • The video recording is done in public where there is no expectation of privace.

Western Australia Publishing Laws for Recorded Conversations

It is against the law to publish or communicate a private conversation obtained through a listening or optical surveillance device without the consent of all parties to the conversation.

Western Australia Recorded Conversations Public Interest Caveat

Western Australia’s law allows audio or video recording of private conversations and activities if a party to the conversation or activity gives express or implied consent to the recording and there is reasonable belief that the use of the recording device is in the public interest.

Western Australia Children and Protected Persons Recording Laws

Persons with a child or a protected person under their care who is a party to a conversation or activity are allowed to record to record the conversation or activity if they have reasonable belief that:

  • The use of the recording device will contribute towards the protection of the best interests of the child or protected person.
  • The use of the recording device is in the public interest.

Western Australia Recording Laws Penalties

  • A penalty of $50 000 in the case of a body corporate.
  • In the case of an individual, $5 000 or imprisonment for 12 months, or both.

Other Australian Laws