Is It Legal to Record a Conversation in QLD?
In Queensland, the legality of a recorded conversation depends on whether the parties have provided consent, how it was recorded, and who recorded it.
Whether you are considering recording a conversation for legal protection or as a future reference to quote verbatim, it’s important to understand how the law applies to the recording.
In cases where the involved parties have given consent, recording a conversation is legal. This applies across all states and territories in Australia. However, each state treats secret recordings of conversations (without consent) differently.
Is It Legal to Record a Conversation Secretly in QLD?
In Queensland, you can record a conversation without the other party knowing as long as you are a participant in the conversation.
The Invasion of Privacy Act 1971 (QLD) infers that you can record a conversation, as long as you are part of the conversation This law does not allow you to record conversations between other people. Doing so is illegal, even if the conversation contains matters you are concerned with.
While it may be legal to record a conversation secretly in Queensland (as long as you are a participant), state law will restrict how the recording can be used or distributed.
Recordings of any conversation, made with or without the consent of other parties, cannot be published or shared with a third party without the consent of all participants. The only legal exceptions to this rule are when the recordings are shared in a legal proceeding or are necessary to protect one’s lawful interests. The court will determine whether it is reasonable to share a recorded conversation with third parties.
Can You Record Telephone Conversations in QLD?
Yes - technically you can record telephone conversations, if you are participating in the conversation. The state law on recording conversations applies to telephone calls between parties in Queensland. However, the laws on recording interstate call conversations are not as clear due to how other states treat personal privacy. For example, in New South Wales, it is illegal to record a conversation without the consent of all parties, even if you are an active participant.
It may not be legal to record a telephone conversation between someone in Queensland and New South Wales, depending on which state laws apply. Legal experts advise erring on the side of caution by seeking consent before recording.
Certain phone applications allow calls to be recorded; Queensland law also applies to such recordings, including those made via device speakerphone.
Can You Record a Workplace Conversation?
It may be legal to record a private conversation in Queensland when you are a participant; however, recording in a workplace setting may result in breaches of trust and confidentiality.
Workplaces are bound by additional codes of conduct and internal policies that often prohibit the recording of private conversations without consent. Employees who breach these policies can face dismissal. This outcome is also supported by the Fair Work Commission (FWC), which rules that secretly recording conversations erodes the relationship between employees and employers.
One of the most common reasons for recording workplace conversations is to obtain evidence of bullying, discrimination, or unfair dismissal. However, the FWC has historically placed little value on such recordings due to their secretive nature - secret recordings are considered unfair to other participants who "have no opportunity to choose their words carefully".
Instead, the FWC encourages employees to seek other ways of keeping records to support a claim, such as taking notes or bringing in a third party as a witness.