Recording phone calls is useful for a dental practice. Recordings help with training, resolving disputes about what was said, checking booking details and reviewing how urgent calls were handled. If you use an AI receptionist, calls are often recorded and transcribed as part of how the system works.
But Australian call recording law is a patchwork of federal and state rules, and they don't all say the same thing. This guide explains the landscape in plain English and sets out a practical approach that works across all states.
This article is general information, not legal advice. Laws change, and your situation may differ. Get advice from a lawyer before relying on recordings, particularly in a dispute.
Key takeaways
- Call recording in Australia is governed by federal telecommunications law and state and territory surveillance or listening device laws.
- Some states generally allow a party to a conversation to record it; others, including NSW, generally require the consent of all parties, with limited exceptions.
- Even where recording is allowed, sharing or publishing a recording is often restricted.
- When callers can be anywhere in Australia, the safest approach is to tell every caller at the start that the call is recorded and why.
- Recordings of patient calls are personal information, and often health information, under the Privacy Act. Store, secure and delete them accordingly.
The two layers of law
Federal: the Telecommunications (Interception and Access) Act 1979
The federal Act prohibits intercepting a communication passing over a telecommunications system without the knowledge of the people involved, subject to exceptions. Telling callers that the call is recorded is the usual way businesses address this.
State and territory: surveillance and listening device laws
Each state and territory has its own law about recording private conversations with a device. They include:
- New South Wales: Surveillance Devices Act 2007
- Victoria: Surveillance Devices Act 1999
- Queensland: Invasion of Privacy Act 1971
- South Australia: Surveillance Devices Act 2016
- Western Australia: Surveillance Devices Act 1998
- Tasmania: Listening Devices Act 1991
- ACT: Listening Devices Act 1992
- Northern Territory: Surveillance Devices Act 2007
How the states differ
Broadly, the state laws fall into two groups. This is a simplification, so check the current law for your state.
States that generally allow a party to record. In Victoria and Queensland, for example, a person who is a party to a private conversation can generally record it without the other party's consent. But these states restrict what you can do with the recording. In Victoria, for example, sharing a recording of a private conversation generally needs the consent of the parties, subject to exceptions.
States that generally require all parties to consent. In New South Wales, recording a private conversation generally requires the consent of all parties, with narrow exceptions, such as where it's reasonably necessary to protect a party's lawful interests. Those exceptions are interpreted narrowly and aren't a sound basis for routine call recording. Several other states and territories also lean towards consent-based rules.
Why "tell everyone" is the practical answer
Your practice might be in Queensland, but a caller could be ringing from NSW. When the parties are in different states, the cautious approach is to comply with the strictest law that might apply. Because you can't easily know where every caller is, most businesses use one consistent approach:
- Tell callers at the start of the call that it is recorded, and why.
- Treat continuing the call as consent, and offer an alternative if the caller doesn't want to be recorded.
- Limit who can access recordings and why.
A simple greeting does the job:
"Thanks for calling Harbourside Dental. Calls are recorded for quality and training, and to help us manage your booking."
If you use an AI receptionist, the greeting should also make it clear the caller is speaking with an AI assistant.
Privacy obligations for recordings
Dental practices are covered by the Privacy Act and the Australian Privacy Principles regardless of turnover, because they provide health services. A call recording or transcript that identifies a patient is personal information, and often health information. That means:
- Notice: your privacy policy and collection notice should explain that calls are recorded, why, and who can access recordings.
- Use: use recordings only for the purposes you've told patients about.
- Security: store recordings securely, with access limited to the people who need them.
- Retention: keep them only as long as needed, then delete or de-identify them.
- Overseas providers: if your phone or AI provider stores or processes recordings overseas, that's a cross-border disclosure. See patient data and AI vendors: where is it stored?
- Access requests: patients can ask for access to personal information you hold about them, which can include recordings.
A practical checklist
- [ ] Recording announcement at the start of every recorded call, including after-hours and overflow lines
- [ ] AI assistant disclosure if callers may speak with an AI
- [ ] Privacy policy updated to cover call recording and transcription
- [ ] A written policy on who can access recordings and why
- [ ] A set retention period, with deletion after it
- [ ] Vendor contracts checked for where recordings are stored and processed
- [ ] A process for callers who don't want to be recorded
- [ ] Legal advice before using any recording in a dispute or sharing it with a third party
How IntelliDent handles recording
IntelliDent records and transcribes calls, and callers are told so at the start of the call. Application data is hosted in Australian AWS regions, while calls and AI replies use providers such as Twilio, OpenAI and Anthropic that may process data overseas; they're listed on our Subprocessors page.
Frequently asked questions
Can our receptionists record calls on their mobiles?
Avoid it. Personal devices make it hard to control access and retention, and recordings made without notice may breach state laws. Use a business phone system with a recording announcement.
Do we need consent to record calls for training?
In practice, yes. Telling callers at the start and letting them continue or opt out is the standard approach across Australia.
Are AI transcripts treated the same as recordings?
Transcripts contain the same personal information, so treat them with the same care under the Privacy Act.
Next steps
Check your phone greeting today: does it tell callers they're being recorded? Then review your privacy policy. For the wider privacy picture, read the December 2026 privacy change on automated decisions.