How Does Call Recording Work in Australia? Legal Requirements Explained

The Legal Framework: Telecommunications (Interception and Access) Act 1979

Call recording in Australia is primarily governed by the Telecommunications (Interception and Access) Act 1979 (Cth) (TIA Act). The key rule: you cannot intercept a communication without the knowledge of all parties — unless an exception applies.

Each state and territory also has its own surveillance and listening device laws that may apply, particularly for in-person recordings. For telephone calls, the TIA Act is the primary legislation.

Do You Need Consent to Record a Call?

There is a common misconception that "one-party consent" applies in Australia (i.e., that you can record a call as long as you are a party to it). This is not correct under the TIA Act. The Act prohibits interception without consent of the parties.

In practice, implied consent is commonly used by businesses. If you play a message at the start of the call stating "This call may be recorded for quality and training purposes" and the caller continues, implied consent is established.

Best practice: Always announce recording at the start of the call. This protects your business legally and is standard across Australian banks, telcos, and contact centres.

Exemptions Under the TIA Act

The TIA Act includes lawful interception exemptions for:

Law enforcement agencies with a warrant
ASIO with an authorisation
Communications providers monitoring their own network for security purposes

These exemptions do not apply to ordinary businesses. Your business must obtain consent (express or implied) before recording.

How Call Recording Works in Hosted PBX

In a modern Hosted PBX system, call recording can be configured at multiple levels:

Always-on recording: Every inbound and/or outbound call is automatically recorded. The VoIP platform announces recording at the start (usually via IVR).
On-demand recording: A staff member presses a button (or dials a feature code like *1) during a live call to start recording.
Selective recording by extension or queue: Record all calls to a specific department (e.g., sales queue) but not others.

Recordings are stored in the cloud and accessible via your portal. You can download, play back, share, or delete recordings. Storage is typically charged per GB/month.

How Long Should You Keep Call Recordings?

There is no single mandatory retention period in Australia, but best practice by industry:

Financial services (AFSL holders): 7 years under ASIC RG 104/271
Healthcare: Minimum 7 years adult records, longer for minors
General business: 3–5 years is standard for dispute resolution purposes
Contact centres: 90 days is common for QA; longer for compliance

Your Hosted PBX provider may have a default retention cap. Ask about custom retention policies if your industry requires longer storage.

Frequently Asked Questions

Is it legal to record phone calls in Australia?

Yes, with consent. You must inform all parties that the call is being recorded. Playing a message at the start of the call ("This call may be recorded…") establishes implied consent. Secret recording without consent is prohibited under the TIA Act.

Do I need consent from both parties to record a call in Australia?

Yes. Unlike US one-party consent laws, the Australian TIA Act requires all parties to be aware of the recording. Implied consent via an announcement at the start of the call is sufficient.

How do I set up call recording for my business?

In a Hosted PBX system, call recording can be configured as always-on (all calls recorded with announcement) or on-demand (staff trigger recording manually). Contact your VoIP provider to enable the feature.

How long must I keep call recordings in Australia?

There is no universal requirement. Financial services must keep records for 7 years. For most businesses, 3–5 years is standard practice for dispute resolution. Check industry-specific requirements that apply to your business.