Recording Phone Calls in Western Australia: What the Law Requires

Recording your own phone call in Western Australia is governed by state law, not the federal wiretapping statute most people assume applies. Section 5 of the Surveillance Devices Act 1998 (WA) requires the consent of every principal party, a narrow lawful-interests justification, or one of the Act's public-interest routes before you can lawfully record a conversation you are part of.

Can You Record Your Own Phone Call in Western Australia?

Only with consent, a lawful-interests justification, or under the Act's public-interest provisions in Part 5. Section 5(1)(b) of the Surveillance Devices Act 1998 (WA) prohibits recording a private conversation you are a party to, and a phone call ordinarily meets the Act's definition of a private conversation. Unless every principal party consents, expressly or impliedly, the recording must be reasonably necessary to protect your own lawful interests under s.5(3)(d), or fall within Part 5, to be lawful.

Jurisdiction scope: This article addresses phone call recording law in Western Australia under the Surveillance Devices Act 1998 (WA) and the federal Telecommunications (Interception and Access) Act 1979 (Cth). It does not address the phone recording rules of other Australian states or territories; for a national comparison, see recording a phone call in Australia. For Western Australia's general recording rules, see Western Australia recording laws.

The Federal Layer: Why the TIA Act Usually Doesn't Apply to Your Own Call

The Telecommunications (Interception and Access) Act 1979 (Cth) makes it a serious federal offence to intercept a communication passing over a telecommunications system. Section 7 of that Act prohibits intercepting a communication while it is passing over a telecommunications system, and section 6(1) defines interception as listening to or recording it in its passage over the system without the knowledge of the person making it. Under sections 5F and 5H, a call stops passing over the system once it becomes accessible to the person it is sent to, so a participant recording the call at their own handset is generally not intercepting it. It is generally the state Act, not the federal TIA Act, that governs whether you can record your own phone call. The federal Act becomes the operative framework where someone other than a party to the call taps the line itself, in transit over the network, a different and more serious kind of conduct addressed elsewhere in the TIA Act.

The State Layer: Section 5 of the Surveillance Devices Act 1998 (WA)

Once the TIA Act is set aside, Western Australia's own Act governs. Section 5(1) prohibits both listening to a conversation you are not part of and recording one you are part of. For a private person recording their own call, the relevant exceptions are consent of each principal party, express or implied (s.5(3)(c)); the lawful-interests exception (s.5(3)(d)), which excuses a recording by a consenting principal party that is reasonably necessary to protect that party's lawful interests; and the public-interest provisions of Part 5 (s.5(2)(d)). Under s.26, a party may record where a principal party consents and there are reasonable grounds to believe the recording is in the public interest. Under s.28, a person may record where there are reasonable grounds to believe the circumstances are so serious and urgent that recording is in the public interest, but must then deliver a written report to a judge without delay (s.30). Warrants and emergency authorisations under Part 4 are law-enforcement tools.

The wording of s.5(3)(d) itself sets the standard: the recording must be "reasonably necessary" for the protection of the party's lawful interests. In AW v Rayney [2010] WASCA 161, the Western Australia Court of Appeal treated this as an objective test, assessed on the facts as they stood at the time rather than on a subjective belief that recording was justified, and described lawful interests as interests not contrary to statute or general law. A call recorded because of a genuine, objectively identifiable threat is more likely to satisfy the test than a call recorded as a general precaution "just in case."

Notifying the Other Person: What Counts as Consent

Consent under s.5(3) can be express or implied. Express consent means the other party clearly agrees, in words, to being recorded. Implied consent arises where a person was genuinely aware that recording was occurring and chose to continue the call regardless.

For personal calls: tell the other person plainly, at the start of the call, that you intend to record it, and get their agreement before you proceed. Continuing after being told is usually treated as implied consent, but a clear verbal confirmation is the safer practice given the criminal penalties involved.

For businesses recording customer calls: an automated message played before the customer discusses their matter, stating that the call is being recorded, is the standard approach. A customer who continues after hearing the notice generally provides implied consent. If a customer objects, the recording should stop.

Sharing a Recorded Call Is a Separate Offence

Making a lawful recording of a phone call does not automatically mean you can share it. Section 9 of the Surveillance Devices Act 1998 (WA) creates a separate offence for publishing or communicating a recorded conversation without the consent of every party, even where the underlying recording was lawfully made. The exceptions in s.9(2) include sharing with a party to the call, with the consent of each principal party, with people authorised by the Commissioner of Police or the Corruption and Crime Commission, with police in connection with an indictable drug offence or another sufficiently serious indictable matter, in the course of legal proceedings, for the protection of the lawful interests of the person sharing it (including, where the recording relied on the s.5(3)(d) exception, reasonable action to protect the lawful interests of the principal party who consented), or in connection with an imminent threat of serious violence or substantial damage to property. Under s.9(3), these exceptions are a defence only if the sharing meets one of the listed conditions, such as being no more than is reasonably necessary in the public interest, in performing a duty, or to protect the lawful interests of the person sharing it. A recording made under the Part 5 public-interest provisions generally needs a judge's order under s.31 before it is published, unless another s.9 exception, such as use in legal proceedings, applies. A person who lawfully records a threatening call under the lawful-interests exception and then forwards the audio to a friend or posts it online, without a basis under s.9, commits a fresh offence, carrying the same penalty as the underlying recording offence: a $5,000 fine or 12 months imprisonment, or both, for an individual, and $50,000 for a body corporate.

Publishing or Sharing Recorded Calls: The Doxxing Overlay

Since 11 December 2024, the Criminal Code (Cth) has included doxxing offences at sections 474.17C and 474.17D, targeting the use of a carriage service to publish someone's personal data in a way reasonable persons would regard as menacing or harassing. Where sharing a recorded call also involves publishing the other party's personal information in a menacing or harassing way, this federal offence can apply on top of Western Australia's own publication restriction under s.9.

Cross-Border and Interstate Calls

If you are calling someone interstate, your own conduct in Western Australia is still governed by Western Australian law, and the other party's conduct is governed by the law of wherever they are located. Because Western Australia has no personal-use exception, recording without the consent of everyone involved is likely unlawful at the Western Australian end of the call even if it would be lawful under a more permissive rule that applies to the other party's state. The federal TIA Act applies to telephone and internet communications regardless of where the parties are located, in addition to any applicable state law.

Disclaimer: This article presents general legal information about phone call recording law in Western Australia. It does not constitute legal advice. The information covers the Surveillance Devices Act 1998 (WA) and the Telecommunications (Interception and Access) Act 1979 (Cth) as in force as of 2026-10-26. Laws can change. If you have a specific legal situation, consult a legal practitioner admitted in Western Australia or the relevant Australian state or territory.

For Western Australia's general consent rules, see Western Australia recording laws. For recording conversations at work in Western Australia, see workplace recording in Western Australia. For security cameras and CCTV in Western Australia, see security camera laws in Western Australia. For the national picture on phone recording, see recording a phone call in Australia.

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Last updated: 2026-10-26. Statutes cited reflect their in-force versions as of 2026-10-26.

Frequently Asked Questions

Is it legal to record a phone call in Western Australia without telling the other person?

Generally no. Section 5(1)(b) of the Surveillance Devices Act 1998 (WA) requires the consent of every principal party to the call, unless the recording is reasonably necessary to protect your own lawful interests under s.5(3)(d) or falls within the Act's public-interest provisions in Part 5. Recording without consent or a qualifying exception is a criminal offence punishable by a fine of up to $5,000 or imprisonment for up to 12 months, or both, for an individual.

Does the federal wiretapping law apply if I record my own call in Western Australia?

Usually not. The Telecommunications (Interception and Access) Act 1979 (Cth) targets interception of a communication while it is still passing over a telecommunications system. Under sections 5F and 5H a communication stops passing over the system once it is accessible to the intended recipient, so a participant recording at their own handset is generally outside the federal interception offence, and the Western Australian state Act, not the federal interception offence, governs the question.

Can I record a threatening phone call for evidence in Western Australia?

Potentially, under the lawful-interests exception in s.5(3)(d) of the Surveillance Devices Act 1998 (WA). The provision sets an objective test on its face: the recording must be reasonably necessary to protect your lawful interests, assessed on the facts at the time, not on what you subjectively believed. A precautionary recording with no specific, identifiable threat is less likely to qualify.

If I lawfully record a phone call, can I send it to someone else?

Not freely. Sharing a recorded call is a separate offence under section 9 of the Surveillance Devices Act 1998 (WA), which restricts publication and communication of the recording to narrow grounds such as consent of every principal party, disclosure to people authorised by the Commissioner of Police or to police about a serious indictable matter, use in legal proceedings, or protection of your lawful interests, even where the original recording was lawful. The sharing must also meet a s.9(3) condition, such as being no more than is reasonably necessary to protect your lawful interests, and a recording made under the Part 5 public-interest provisions generally needs a judge's order under s.31 before it is published.

Can a business record customer service calls in Western Australia?

Yes, generally, if the business plays an automated notice at the start of the call before the customer discusses their matter, and the customer continues the call after hearing it. This typically establishes implied consent under s.5(3) of the Surveillance Devices Act 1998 (WA). If a customer objects, the recording should stop.

What happens if I record a call while on the phone to someone in another Australian state?

Western Australian law governs your own conduct in Western Australia regardless of where the other party is located. Because Western Australia has no personal-use exception, recording without consent is likely unlawful at the Western Australian end of the call even if it would be lawful under a more permissive rule that applies to the other party's state.