Is It Illegal to Record a Phone Call in Victoria?

Yes, it can be illegal to record a phone call in Victoria, even if you are part of the conversation.

Victoria generally requires consent from all parties before recording a private phone call, with only a few narrow exceptions.

If you live in Victoria or deal with people there, you may have wondered whether recording a phone call is legal. Maybe you want to protect yourself in a dispute. Maybe it is a work related call. Or maybe you simply want an accurate record of what was said.

Before you press record, it is important to understand how Victorian law treats phone call recording. Unlike many US states, Victoria has very clear and strict rules when it comes to recording conversations.

Let’s walk through everything in plain language so you know exactly what is allowed, what is risky, and what can get you into trouble.

Which Law Applies to Call Recording in Victoria?

Phone call recording in Victoria is mainly governed by the:

Surveillance Devices Act 1999 Victoria

This law regulates the use of:

Listening devices
Audio recordings
Surveillance devices

A phone call is considered a private conversation under this Act.

What Is a Listening Device Under Victorian Law?

Under the Surveillance Devices Act, a listening device includes:

Mobile phones
Call recording apps
Software that records audio
Any device capable of recording sound

So if you record a phone call using your smartphone, the law applies to you.

Read More: Is It Illegal to Record a Phone Call in New York in 2026 One Party Consent Explained

Is It Legal to Record a Phone Call in Victoria?

The General Rule

In Victoria, it is illegal to record a private phone call without the consent of all parties.

This means:

You cannot secretly record a call
Being part of the conversation does not automatically make it legal

Victoria is often described as an all party consent jurisdiction.

Is Victoria a One Party Consent State?

No.

Victoria is not a one party consent state.

Even if you are on the call, you generally need permission from the other person before recording.

What Counts as a Private Conversation?

A private conversation includes:

Personal phone calls
Work related phone calls
Business discussions
Disputes and arguments
Family or relationship calls

If the people on the call reasonably expect privacy, the law applies.

Are There Any Exceptions to the Rule?

Yes, but they are very limited.

Legal Exceptions Under Victorian Law

Recording a phone call may be allowed if:

All parties consent
The recording is reasonably necessary to protect your lawful interests
The recording is made by law enforcement with proper authority

The “lawful interests” exception is the most misunderstood, so let’s explain it carefully.

Recording a Phone Call to Protect Your Lawful Interests

You may be allowed to record a phone call without consent if it is reasonably necessary to protect your lawful interests.

Examples may include:

Recording serious threats
Documenting blackmail attempts
Protecting yourself from fraud

However, this exception is narrow and often challenged.

Important Warning

Just because you believe a recording protects your interests does not mean a court will agree.

This exception:

Is interpreted strictly
Does not cover convenience or curiosity
Does not allow public sharing

Can You Record a Phone Call for Evidence in Victoria?

This is one of the most common questions.

Can Call Recordings Be Used in Court?

Sometimes yes, but it depends on:

How the recording was made
Whether consent was required
Whether the recording falls under an exception

Courts may admit illegally obtained recordings in rare cases, but that does not protect you from prosecution for making the recording.

Practical Example

You secretly record a threatening call. The court might consider the recording, but you could still face legal consequences for making it.

Is Secretly Recording a Phone Call Illegal in Victoria?

In most situations, yes.

Secretly recording a private phone call in Victoria can lead to:

Criminal charges
Fines
Civil lawsuits

Intent matters, but consent matters more.

Penalties for Illegal Call Recording in Victoria

Breaching the Surveillance Devices Act can result in serious penalties.

Possible consequences include:

Criminal charges
Substantial fines
Imprisonment in serious cases
Civil action for invasion of privacy

This is not a minor offence.

Workplace Call Recording in Victoria

Can Employers Record Phone Calls?

Yes, but only with proper notice and consent.

Most workplaces:

Inform employees
Inform customers
Use call recording for training or compliance

Secret monitoring is risky and often unlawful.

Can Employees Record Work Calls?

Employees should be extremely careful.

Recording work calls without consent may:

Violate the law
Breach employment contracts
Lead to dismissal

Even if you feel justified, the legal risk is real.

Read More: Is it illegal to record a phone call in Indiana

Recording Customer Service Calls in Victoria

If you hear:
“This call may be recorded”

That is consent.

Businesses comply with the law by:

Giving clear notice
Allowing customers to end the call

Recording these calls yourself still requires consent under Victorian law.

Recording WhatsApp, Zoom, and VoIP Calls in Victoria

The law applies regardless of technology.

Whether you record:

Phone calls
WhatsApp calls
Zoom meetings
Internet based voice chats

The same consent rules apply.

Being online does not change the law.

Can You Share a Recorded Phone Call?

Even if a recording is legally made, sharing it can still be illegal.

Sharing a recording without consent may:

Breach privacy laws
Lead to civil liability
Increase penalties

Always separate the act of recording from the act of sharing.

Common Scenarios Explained Simply

Recording a Personal Call

Usually illegal without consent.

Recording a Threatening Call

May fall under lawful interests, but still risky.

Recording Family or Friends

Consent is still required.

Recording Calls at Work

Often illegal without employer permission.

Best Practices Before Recording a Call in Victoria

If you want to stay safe, follow these steps.

Ask for consent before recording
Confirm consent clearly
Limit recording to necessary situations
Avoid sharing recordings
Get legal advice if unsure

One sentence can make all the difference.

“Is it okay if I record this call?”

Frequently Asked Questions