Australia
Australia Recording Laws: Federal Framework, State Consent Rules & Penalties (2026)
This page is being updated. Please check back shortly.
Frequently Asked Questions
Is Australia a one-party or two-party consent country for recording?
Australia does not have a single national answer. Federal law (the Telecommunications (Interception and Access) Act 1979) prohibits intercepting communications in transit but says little about participant recording. At the state level, Victoria, Queensland, and the Northern Territory apply one-party consent: any participant can record their own conversation. The other five jurisdictions -- NSW, WA, SA, Tasmania, and ACT -- require the consent of all parties. Most Australians are subject to all-party consent rules.
Can I legally record a phone call in Australia?
It depends on your state. In Victoria, Queensland, and the Northern Territory, you can record your own phone calls without telling the other party. In NSW, WA, SA, Tasmania, and ACT, you need the consent of everyone on the call. Businesses commonly satisfy this requirement by playing a pre-call recording announcing that the call may be recorded. The federal Telecommunications (Interception and Access) Act 1979 also applies to calls in transit and requires lawful authority for interception.
What happened with the new Australian privacy tort in 2025?
The Privacy and Other Legislation Amendment Act 2024 introduced a statutory tort for serious invasions of privacy into the Privacy Act 1988 (Cth). The tort commenced on 10 June 2025. It covers intruding upon seclusion -- which expressly includes watching, listening to, or recording a person's private activities -- and misuse of private information. Courts can award damages, injunctions, and declarations. Civil penalties up to $660,000 are available for serious or repeated conduct.
What is the Criminal Code Amendment (Deepfake Sexual Material) Act 2024?
This federal Act (Act No. 78 of 2024) received royal assent on 2 September 2024. It creates criminal offences for using a carriage service (such as the internet or messaging apps) to transmit sexual material depicting a person without their consent. The offences apply whether the material is genuine or has been created or altered using AI. The base offence carries a maximum of six years imprisonment; aggravated offences carry seven years.
Can I record my boss or employer in Australia?
In Victoria or Queensland you can record a workplace meeting you are part of without the other party's consent -- state law permits it as a participant. In all other states and territories you need the consent of all parties, so a covert recording would be a criminal offence. Even in one-party consent states, the Fair Work Commission has consistently held (most recently in Altham-Wooding v PKDK Adventures [2024] FWC 2753) that secret workplace recordings can justify dismissal for breach of the duty of good faith and fidelity.
Can I record police in Australia?
Generally yes. Filming police in the performance of their public duties in a public place is lawful. Police operating in public have a reduced expectation of privacy. You must not obstruct police while recording, and some jurisdictions impose specific rules on bystanders recording in sensitive operational areas. Publication of footage that reveals private information about third parties (not the officers) may attract separate legal risks.
What are the penalties for sharing intimate images without consent in Australia?
There are two enforcement pathways. Civilly, the eSafety Commissioner can seek individual penalties up to $111,000 under the Online Safety Act 2021 image-based abuse scheme. Criminally, the Criminal Code Amendment (Deepfake Sexual Material) Act 2024 carries up to six years imprisonment for transmission of sexual images without consent (including AI-generated images). Individual states also have voyeurism and intimate image offences with their own penalties.
Are illegally obtained recordings admissible in Australian courts?
Potentially. Under section 138 of the Evidence Act 1995 (Cth) and equivalent state laws, courts have a discretion to admit improperly obtained evidence after weighing the desirability of the evidence against the undesirability of admitting it. Admission is not automatic, and the person who made the illegal recording still faces separate criminal exposure. Obtaining legal advice before using a disputed recording in proceedings is strongly recommended.
Sources and References
- Telecommunications (Interception and Access) Act 1979 (Cth)(legislation.gov.au).gov
- Surveillance Devices Act 2004 (Cth)(legislation.gov.au).gov
- Privacy Act 1988 (Cth)(legislation.gov.au).gov
- Statutory tort for serious invasions of privacy - OAIC(oaic.gov.au).gov
- Criminal Code Amendment (Deepfake Sexual Material) Act 2024(legislation.gov.au).gov
- Online Safety Act 2021 (Cth)(legislation.gov.au).gov
- Image-Based Abuse Scheme - eSafety Commissioner(esafety.gov.au).gov
- Court orders $343,500 penalty for posting deepfakes(esafety.gov.au).gov
- Surveillance Devices Act 2007 (NSW)(legislation.nsw.gov.au).gov
- Surveillance Devices Act 1999 (Vic)(legislation.vic.gov.au).gov
- Invasion of Privacy Act 1971 (Qld)(legislation.qld.gov.au).gov
- Surveillance Devices Act 1998 (WA)(legislation.wa.gov.au).gov
- Surveillance Devices Act 2016 (SA)(legislation.sa.gov.au).gov
- Listening Devices Act 1991 (Tas)(legislation.tas.gov.au).gov
- Surveillance Devices Act 2007 (NT)(legislation.nt.gov.au).gov
- Listening Devices Act 1992 (ACT)(legislation.act.gov.au).gov
- Electronic surveillance framework - Attorney-General's Department(ag.gov.au).gov
- Telecommunications interception and surveillance - Department of Home Affairs(homeaffairs.gov.au).gov
- Australian Privacy Principles - OAIC(oaic.gov.au).gov
- Schwenke v Silcar [2013] FWCFB 9842(fwc.gov.au).gov
- Surveillance Devices Act 2004 (Cth) - AustLII(austlii.edu.au)
- TIA Act 1979 - AustLII(austlii.edu.au)
- Is It Legal To Record A Conversation In Australia - Privacy 108(privacy108.com.au)