Call recording is a standard feature on modern business phone systems, and most VOIP providers include it by default. Before you turn it on, it is worth understanding that there is a legal framework around how and when calls can be recorded in Australia, and that getting advice from the right people upfront will save you problems later.
This page is not that legal advice. What it is: a short explanation of why the legal question exists, who the right people to ask are, and where to find official information. Once you have that sorted, we can help with the phone system side.
This article is general information only. It does not constitute legal advice and should not be relied on as such. For advice specific to your business, contact a qualified Australian solicitor or the relevant regulatory body.
Why Call Recording Has a Legal Dimension
When a business records phone calls, it is capturing personal information about the people on those calls. That sits at the intersection of two separate areas of law: telecommunications law (which governs how calls can be intercepted and recorded) and privacy law (which governs how personal information is collected, stored, used and disclosed).
The rules are not the same in every situation. They vary depending on which state your business is in, which state your customers are calling from, whether the recordings involve employees or customers, and what industry you operate in. Financial services businesses, health providers and legal practices each have additional obligations on top of the general framework.
This is why call recording is not simply a feature you switch on and forget. It is a feature that comes with questions worth answering before you activate it.
Who to Contact for Legal Advice on Call Recording
For advice on your specific business situation, a solicitor with experience in privacy or telecommunications law is the right starting point. They can tell you what applies to your business based on your state, industry and customer base. Law societies in each state and territory maintain referral services if you need help finding one:
- Law Society of NSW
- Law Institute of Victoria
- Queensland Law Society
- Law Society of WA
- Law Society of SA
- Law Society of Tasmania
- ACT Law Society
- Law Society NT
For Privacy Act and Australian Privacy Principles questions, the Office of the Australian Information Commissioner (OAIC) is the federal regulator for privacy law. Their website includes plain-English guidance on how the Privacy Act applies to businesses, including the handling of personal information in call recordings.
Where to Find the Official Legislation
If you or your solicitor want to review the relevant laws directly, the official sources are listed below. All links go to the official government legislation databases. Laws can be amended, so confirm with a solicitor that you are reading the version currently in force.
Federal:
- Telecommunications (Interception and Access) Act 1979 (Cth) - Federal Register of Legislation
- Privacy Act 1988 (Cth) - Federal Register of Legislation
State and territory surveillance and listening device legislation:
- Surveillance Devices Act 2007 (NSW)
- Surveillance Devices Act 1999 (Vic)
- Invasion of Privacy Act 1971 (Qld)
- Surveillance Devices Act 1998 (WA)
- Surveillance Devices Act 2016 (SA)
- Listening Devices Act 1991 (Tas)
- Listening Devices Act 1992 (ACT)
- Surveillance Devices Act 2007 (NT)
What to Ask Your Phone Provider
Once you have clarity on the legal side, these are the practical questions to ask any business phone provider before activating call recording:
- Is call recording on by default, or does it need to be enabled?
- Where are recordings stored, and in which country?
- How long does the provider retain recordings, and can you set your own retention period?
- Can access to recordings be restricted to specific staff or roles?
- Can recordings be exported or deleted on request?
A reputable provider will have clear answers to all of these. If they cannot tell you where recordings are stored or how to delete them, that is worth factoring into your decision.
We Can Help With the Phone System Part
Choosing a business phone system that includes call recording as a properly configurable feature, with the right storage controls, access permissions and retention settings, is something we can help with.
- Get a personalised recommendation
- Compare business phone providers
- What does a business phone system cost? For businesses still deciding on their phone setup, see our guide to the best small business phone system in Australia.If you are still weighing up your options, see our VoIP vs traditional phone comparison.