This guide is general information only, not legal advice. It was last checked in October 2026. Laws change and every situation is different, so speak to a lawyer about your own circumstances.
Whether you can record a conversation in Australia depends on two things: where you are, and whether you are taking part in the conversation. Each state and territory has its own surveillance or listening devices law, and they do not all agree.
The short answer
- Recording a private conversation you are not part of is illegal in every state and territory, unless everyone has agreed or a specific exception applies.
- Recording a private conversation you are part of is allowed in some places (Victoria, Queensland and the Northern Territory) and restricted in the others.
- Sharing or publishing a recording of a private conversation is restricted almost everywhere, even when making it was legal.
State by state
| State | Law | Can you record a conversation you are part of? |
|---|---|---|
| NSW | Surveillance Devices Act 2007 | Only with everyone's consent, or where it is reasonably necessary to protect your lawful interests |
| VIC | Surveillance Devices Act 1999 | Yes, but sharing the recording is restricted |
| QLD | Invasion of Privacy Act 1971 | Yes, but sharing the recording is restricted |
| WA | Surveillance Devices Act 1998 | Only with everyone's consent, or where it is reasonably necessary to protect your lawful interests |
| SA | Surveillance Devices Act 2016 | Only with everyone's consent, or to protect your lawful interests or in the public interest |
| TAS | Listening Devices Act 1991 | Only with everyone's consent, or to protect your lawful interests |
| ACT | Listening Devices Act 1992 | Only with everyone's consent, or to protect your lawful interests |
| NT | Surveillance Devices Act 2007 | Yes, but sharing the recording is restricted |
What counts as a private conversation?
A conversation is usually private if the people talking would reasonably expect not to be overheard. A chat in a closed office or at home is private. A loud conversation in a busy public place may not be.
What does protecting your lawful interests mean?
Courts have accepted recordings made to protect yourself, for example to gather evidence of threats or harassment where there was no other way to prove what was said. It is a narrow exception, and a court decides whether it applied, so get legal advice before relying on it.
Recording at work
Recording colleagues or meetings without consent can breach surveillance laws and your employment contract. Some states also have separate workplace surveillance laws that apply to employers.
Phone and video calls
Federal law stops outsiders from tapping into calls. Whether you can record a call you are taking part in is mostly decided by the state or territory rules above, usually those of the place where you are when you record. As a general rule, tell the other person you are recording, or ask their permission first.
Using an audio recorder responsibly
Our audio recorders are popular for recording your own meetings, lectures, interviews and notes. Before you record anyone else, check the rules where you are, and when in doubt, ask for consent. Our lawful use guide has more detail.
Common questions
Can I record a conversation to use as evidence?
Sometimes. A recording made illegally may not be accepted by a court, and making it can be an offence in itself. Speak to a lawyer before you record for evidence.
Is it legal to record someone in my own home?
Owning the property does not give you the right to record other people's private conversations. The same consent rules apply at home.
Can I record a meeting I am running?
The safest approach is to tell everyone at the start that the meeting is being recorded. If nobody objects and the meeting continues, you have a clear record that they knew.