Recording and consent
Recording a session in Australia.
Most Australian states require every party to a private conversation to agree before it is recorded, and the rule is set state by state. That is the state and territory surveillance devices acts, and the Privacy Act 1988, and the sentence a practitioner says out loud before recording is the same one in every country on this site.
This is a plain summary, not legal advice. Laws change. If the answer matters to your business, check with a lawyer in your own country.
01The sentence
Say this, out loud, before anything else is said.
I am going to record this session so I can write you a proper report afterwards. Is that all right with you?
It is the same sentence everywhere, because a specific disclosure followed by a direct question is what recording guidance favours over a vague notice, and because everybody in the session agreeing is safe in every jurisdiction on this site. What changes by place is who has to answer it.
02Who has to agree
In Australia the rule is all party in most states.
The statute the state and territory surveillance devices acts, and the Privacy Act 1988
There is no single Australian rule. New South Wales, Victoria, Western Australia, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory each have a surveillance devices or listening devices act, and most of them make it an offence for a party to a private conversation to record it without the consent of the other parties. Queensland is the notable exception and permits a participant to record. A practitioner working across state lines, which a video practice always is, cannot sensibly track which act applies to a given session.
Ask, everywhere in Australia, and do not try to work out which state the client was sitting in. One sentence covers the seven strict jurisdictions and the one permissive one at the same time, which is the argument for a script rather than a table.
03A client under 18
What changes when the person in the session is a child.
Where a client is under 18, get the parent or guardian's agreement and hold it, and check whether the state you teach or coach in has a working with children check requirement that applies to you. The recording question and the child safety question are separate, and a practitioner working with young people in Australia is usually inside both.
04The data law
The recording is personal data under the Privacy Act 1988 and the Australian Privacy Principles.
The Privacy Act binds organisations with an annual turnover above three million Australian dollars, which leaves most single practitioners outside it, and it binds any business of any size that provides a health service and holds health information. A nutrition or wellbeing practice should assume it applies. Australian Privacy Principle 3 restricts collecting sensitive information without consent, and a recording about somebody's health is sensitive information.
05What Slide Practice does
The audio goes as soon as the report is written.
At upload the practitioner confirms on screen that everyone in the session agreed. That confirmation is stored, and the footer of the report prints the date it was given.
Session audio is deleted as soon as the write-up is made. The The text of what was said, written out from the recording. stays with the The written page a client receives after a session: what was covered, what went well, what they agreed to do, and what is next., on the client's own page, and both are kept until the account is closed. Closing an account starts a 30 day window, at the end of which everything is deleted rather than archived.
Nothing is drafted from a recording until the practitioner has confirmed that everyone agreed, and nothing reaches a client until a person has read it. The whole of what is kept, and for how long, is on the security page and in the privacy policy.
06Where this came from
Two primary sources, and neither of them is us.
- Privacy Act 1988, Federal Register of Legislation
- Australian Privacy Principles, Office of the Australian Information Commissioner
This is a plain summary, not legal advice. Laws change. If the answer matters to your business, check with a lawyer in your own country.
Nearby
- Recording a session in New Zealand
- Recording a session in Singapore
- Every jurisdiction, and how permission works in the product
- What the report itself looks like, practice by practice
Bring one recording you already have permission for, and read what comes back. No account and no card.