Australia Recording Consent Checker

Pick your state or territory and the situation you are recording, and see the statutory position: which Act applies, the section that governs it, and the catch most people miss. Covers all eight Australian jurisdictions. Free, instant, and calculated entirely in your browser; no sign-up.

What do you want to record?

New South Wales

Prohibited by default, broad personal-use exception

New South Wales law prohibits recording your own conversation by default, but excuses it in most personal situations.

Section 7(1)(b) makes it an offence to record a private conversation to which you are a party. Section 7(3) excuses that recording if all principal parties consent, or if a principal party consents and the recording is reasonably necessary to protect that party's lawful interests, or the recording is not made for the purpose of communicating or publishing it to people who were not part of the conversation.

That third limb is the broad personal-use exception: most recording kept for your own reference, and never intended for anyone outside the conversation, falls within it.

Governing provision

Surveillance Devices Act 2007 (NSW) s 7(1)(b), s 7(3)

The catch

If you plan to send the recording to, or publish it for, someone who was not part of the conversation, the personal-use limb will not cover that use. You would need consent or a lawful-interests justification instead.

Maximum penalty in New South Wales

100 penalty units, imprisonment for 5 years, or both, for an individual; up to 500 penalty units for a corporation.

Federal overlay (applies everywhere)

On top of the criminal rules below, a person can bring a civil claim under the statutory tort for serious invasions of privacy (Privacy Act 1988 (Cth) sch 2), which commenced 10 June 2025. It applies to individuals, unlike the Australian Privacy Principles, and a claim does not need to prove financial loss.

This tool states the statutory position under the Act named above, and the general rule the section creates. It does not tell you whether a specific recording of yours is lawful, because that depends on facts the tool cannot assess, including what was said, where, whether anyone consented, and why you made the recording. This is general legal information, not legal advice. Consult an Australian legal practitioner about your situation. RecordingLaw.com is not a law firm and is not affiliated with any Australian government body.

Know someone who could use this? Share this free tool:

Share: