AustraliaMy employer recorded my phone calls without telling me. Is this legal?
In most cases, it is illegal for your employer to record your phone calls without your knowledge or consent in Australia.
What the Law Says
Australian law generally prohibits recording private conversations without consent. The rules depend on whether the recording happens over a telecommunications system (like a phone call) or through a listening device (like a microphone).
The Telecommunications (Interception and Access) Act 1979 (Cth) makes it illegal to intercept or record a telephone call 'while it is passing over a telecommunications system' — unless you are a party to the call and the recording is not done for an unlawful purpose. However, this Act does not cover recordings made after the call has ended (e.g., using call-recording software on a company phone).
For recordings made using listening devices (including apps or hardware that capture sound), state and territory laws apply. Most jurisdictions — including Victoria, Queensland, Western Australia, South Australia, Tasmania, and the ACT — require the consent of *all parties* to the conversation before recording. In contrast, New South Wales and the Northern Territory allow recording by *one party*, provided it’s not for an unlawful purpose and isn’t used in court without permission.
Even where one-party consent applies, employers must still comply with workplace privacy obligations under the Privacy Act 1988 (Cth) if they are an 'APP entity' (e.g., businesses with annual turnover over $3 million). This means they must notify employees about monitoring, have a legitimate reason, and not use recordings unfairly.
Statutory TextA person is not permitted to record a private conversation to which the person is a party unless all parties to the conversation consent to the recording.
— Surveillance Devices Act 1998 (WA), s. 11 — Prohibition on recording private conversations
Statutory TextA person must not knowingly install, use or maintain a listening device to overhear, record, monitor or listen to a private conversation…
— Surveillance Devices Act 1999 (Vic), s. 6 — Offence of using listening device
Statutory TextA person is not permitted to record a private conversation to which the person is a party unless all parties to the conversation consent to the recording.
— Surveillance Devices Act 2007 (NSW), s. 7 — Prohibition on recording private conversations
What to Do
Check your state or territory’s surveillance devices law — consent rules differ.
Review your employment contract and workplace policies for any notice about monitoring.
Raise the issue with your employer or HR in writing, asking for clarification and requesting deletion of unauthorised recordings.
If unresolved, contact your state’s privacy commissioner or the OAIC (Office of the Australian Information Commissioner) for advice.
Seek legal advice before taking further action — especially if recordings were used in disciplinary decisions.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.