Key points
- Western Australia's Surveillance Devices Act bars recording a private conversation even when you are part of it, unless each principal party consents or a narrow exception applies.2
- Private clinics in Perth handle health information under the federal Privacy Act, which covers every health service provider regardless of turnover.5
- WA's PRIS Act brings 11 Information Privacy Principles to the state's public sector, with a start date set by the government of 1 July 2026.3
- WA Health lists AI-assisted clinical scribes among the tools it is trialling, and does not permit AI to make fully automated clinical decisions.4
Summary
A Perth clinic can use AI in the consult and at the front desk in 2026 if every principal party agrees to the recording, as WA's Surveillance Devices Act requires, and the clinic meets the federal Privacy Act. Each Perth clinic is set up with its records in Australia, the patient's agreement captured before the scribe listens, and a team member signing off each draft.
Perth clinics that use AI well finish the day with every note signed and every enquiry answered, including the ones sent from a mine site at midnight. Western Australia's recording law reaches conversations the recorder is part of, so consent comes first.
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Request a demoSee an after-hours enquiry from a patient on a fly-in fly-out roster become an approved reply and a booked appointment for their week home, in fifteen minutes.
| Body or law | Rule | What to ask | How wai meets it |
|---|---|---|---|
| Surveillance Devices Act 1998 (WA), s5 | No recording of a private conversation, even by a party, without each principal party's consent or a listed exception | What does the GP say before recording starts | Consent captured at the start of each consult |
| Ahpra and the National Boards | Explicit consent as the first step in AI transcription | Is consent the first step in the workflow | The scribe starts only after the GP records consent |
| Privacy Act 1988, OAIC | Covers every health service provider regardless of turnover | Where is data stored, and is it used to train models | Records hosted in Australia, patient data never used to train models |
| PRIS Act 2024, WA Information Commissioner | 11 Information Privacy Principles for WA public sector bodies and some contractors | Does any of the clinic's work fall under a government contract | Every message, draft, approval and signature logged and exportable |
| WA Health AI transparency statement | No fully automated clinical decisions, outputs reviewed and signed off | Who signs each clinical output | AI drafts, the GP reviews and signs |
The private care market in Perth
The 2021 Census counted 2,116,647 people in Greater Perth, with a median age of 37.1 Of them, 59.5% were born in Australia, 8.0% in England and 2.8% in New Zealand, and 74.0% use only English at home.1
Patients who work away on rosters often book in the short window between swings. Showing the first open slot on the clinic website, and answering an email on the night it arrives, lets that window become a confirmed visit.
The rules a clinic in Perth works under
Recording comes first in WA. Under section 5 of the Surveillance Devices Act 1998, nobody may use a listening device to record a private conversation, whether or not they are taking part in it.2 A party may record only if each principal party consents expressly or impliedly, or if one consents and the recording is reasonably necessary to protect their lawful interests.2 The penalty is up to $5,000 or 12 months' imprisonment for an individual, and $50,000 for a company.2 An ambient scribe in a Perth consult room starts with the patient's agreement, every time.
Ahpra, which registers practitioners, says AI transcription software should include an explicit consent requirement as the first step before it records.6
A private clinic is covered by the federal Privacy Act whatever its size, since the OAIC confirms the Act applies to any health service provider regardless of turnover.5 The state's Privacy and Responsible Information Sharing Act 2024 sets 11 Information Privacy Principles for WA public sector bodies and some contracted service providers, and the government has stated they commence on 1 July 2026, overseen by WA's Information Commissioner.3
WA Health's AI transparency statement lists AI-assisted clinical scribes among the uses it is trialling or may adopt, and states that WA Health does not permit AI to make fully automated clinical decisions.4 Clinical outputs that may affect care are reviewed and, where required, signed off by a suitably qualified staff member.4
A registered provider organisation can open a patient's My Health Record, and add to it, provided it follows that patient's access controls.7 wai is built to connect to My Health Record. We set up your clinic's connection with you. wai hosts each clinic's records in its own country, under that country's rules. We set this up with your clinic. wai is compliant with these rules and built for clinics in Perth.
The languages Perth patients write in
Just under a quarter of Greater Perth households, 23.7%, speak a language besides English at home.1 The most common were Mandarin at 2.3% of residents (49,624 people), Italian at 1.1%, Vietnamese at 1.0%, and Punjabi and Cantonese at 0.9% each.1
wai works in any language.8 Bring real messages from your own inbox to the demo and judge each draft before it would be sent.
What a demo shows in Perth
At 11.20pm a patient on a mine site roster in the Pilbara emails a Subiaco practice to book a check-up during next week's break. The email lands in his own thread, wai checks which hours the GP's calendar shows as busy, and a draft offers Tuesday at 8.40. The practice nurse signs it off at 8.00, and the link in the reply collects an Australian dollar deposit into the practice's Stripe account.
On Tuesday the patient agrees to the recording out loud, the GP talks with him while the draft note builds, then corrects and signs it. The follow-up two weeks later runs as a video consultation from the mine site, written up by the same scribe and signed by the GP. Results and letters reach the patient's wai Profile.
For health services, government and insurers in WA
WA health service providers, private hospital groups and insurers can commission their own system on wai, starting from a single pathway, with Australian hosting and a clinician's signature on every clinical output. Data and model rights are agreed in the contract, as set out on the organisations page.
Where to start
First, write the consent words every GP says before recording, so each principal party agrees as section 5 requires, and adapt the consent form template for intake.2 Second, get written confirmation of the country that holds every copy of your data, and name your AI tools in the practice privacy policy.
Third, if the clinic delivers services under a WA Government contract, check whether the PRIS principles reach that work.3 Fourth, export a month of after-hours enquiries and bring them to a fifteen-minute demo.
Send us last month's late-night emails and unanswered calls, and see which ones would now be Tuesday-morning appointments.
Frequently asked questions
Can a GP in Perth record a consult they are part of without consent?
No. Section 5 of WA's Surveillance Devices Act bars recording a private conversation even by a party, unless each principal party consents or a narrow exception applies.2
Does the Privacy Act apply to a small Perth clinic?
Yes. The OAIC confirms the Privacy Act covers any health service provider regardless of turnover.5
Does WA's PRIS Act apply to private clinics?
It applies to WA public sector bodies and some contracted service providers to government, with its principles stated to commence on 1 July 2026.3
Does WA Health use AI scribes?
Its transparency statement lists AI-assisted clinical scribes among the uses it is trialling or may adopt, with no fully automated clinical decisions.4
Can a Perth practice take payment when a patient books?
Yes. A deposit can be taken at booking in Australian dollars, paid into the practice's own Stripe account, and the practice remains merchant of record.
Will patients ever get a message nobody at the practice has read?
No. Every reply is a draft until a team member approves it, and anything clinical is passed to a GP.
Sources
- 1Australian Bureau of Statistics, 20222021 Census QuickStats, Greater Perth (5GPER)Read 15 October 2026Read source
- 2Western Australian Legislation, Parliamentary Counsel's Office, 2026Surveillance Devices Act 1998, compilation 02-g0-00, section 5Read 15 October 2026Read source
- 3Office of the Information Commissioner, Western Australia, 2026Privacy in Western AustraliaRead 15 October 2026Read source
- 4Department of Health, Western Australia, 2025WA Health Artificial Intelligence Transparency Statement, version 1.1Read 15 October 2026Read source
- 5Office of the Australian Information Commissioner, 2026Small business, does the Privacy Act cover your businessRead 15 October 2026Read source
- 6Ahpra and National Boards, 2024Meeting your professional obligations when using Artificial Intelligence in healthcareRead 15 October 2026Read source
- 7Office of the Australian Information Commissioner, 2026My Health Record, guidance for health service providersRead 15 October 2026Read source
- 8wai, 2026wai changelog, intake answered by voice in any languageRead 15 October 2026Read source
Every Perth patient answered, every note signed before sunset.
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