Under Australian law, you are generally entitled to film in a public space without anyone's consent. But there are situations where you will need permission, and the purpose for which you are filming will guide you as to whether you need a permit, and from whom.
There is currently no law in Australia that prohibits you from filming in a public place without asking for permission. This extends to recording buildings, sites, and even people – but not artistic works. This means that you should be careful not to film something that has copyright protection.
It is likely that if you have padded your evidence, led your ex-partner on, or attempted to paint yourself in a favourable light, the Court will see right through it. Also, as stated above, it is illegal in Victoria to record someone without their consent.
Video Recording in Public Places
As a general rule, no law in NSW prohibits making a video recording in a public place for a noncommercial purpose. Streets that are owned by the government are public places. So are parks, beaches, and other areas that been set aside for public gatherings or social uses.
The Queensland Criminal Code
Section 227A of the Criminal Code makes it an offence to video record people without their consent in places where they would expect to be private, such as a bedroom, bathroom, or changeroom. When installing surveillance cameras it is important to assess how they are positioned.
Taking photographs in a public place
It is generally possible to take photographs in a public place without asking permission. This extends to taking photographs of buildings, sites and people.
Your rights are the same across Australia when:
Police ask to check your phones — they need your consent. You film the police — that is allowed in public spaces. Police act on a noise complaint — you must comply.
Federal Recording Laws
They prohibit secret recording on your private property or other public spaces where one has a reasonable expectation of privacy. You can sue someone for recording you there without your consent, as that's a gross infringement of federal law.
It is an offence for you to video record people without their consent, in places where they would expect to be private, such as a bedroom or bathroom. Section 227A of the Criminal Code makes this a criminal offence. If installing a surveillance camera, you should consider how it will be positioned.
The Queensland Information Privacy Act 2009 (the Act) provides a right for individuals to have their personal information collected and handled in accordance with certain rules or 'privacy principles'.
Section 227A of the Criminal Code, creates an offence where a person visually records another, in circumstances where a reasonable adult would expect to be afforded privacy – without the person's consent and when the other person is in a private place or is engaged in a private act and the recording is made for the ...
Under the Australian Workplace Surveillance Act, an employer may monitor employees in the workplace if a formal notice and monitoring policy is in place. Under the condition, the monitoring is conducted per the given notice. There are also exceptions where employees can be monitored without being informed.
Like a lot of states and territories in Australia, the big takeaway from the Surveillance Devices Act 2007 (NT) is not to record private activities. For audio recording, any recordings of private conversation where you don't have implied or explicit consent are restricted whether you're involved in them or not.
The Summary Offences Act provides that a person commits the offence of 'public nuisance' if they behave in a disorderly, offensive, threatening or violent way and their behaviour interfere (or is likely to interfere), with the peaceful passage through, or enjoyment of, a public place.
It's OK to record conversations that take place in person or over the phone. In most states, only one party needs to give consent for recording. That person can be you, the interviewer, and you can legally hit the record button without letting the other person know what you're doing.
In New South Wales, the Surveillance Devices Act 2007 prohibits the recording of audio conversations without the consent of all parties unless it is reasonably necessary for the purpose of protecting the lawful interests of the party who records the conversation.
In Queensland, it's not illegal to simply record a conversation you're involved in (either over the phone or face-to-face) without the consent of the other people involved in the conversation, but there are restrictions on what you can do with the recording.
Yes, it is generally illegal to video record someone without their consent in Australia. In general, recording someone's private activity without their consent is considered a violation of privacy laws. The specific laws regarding video recording without consent may vary slightly between states and territories.
The Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (the Act) introduced three new powers for the Australian Federal Police (AFP) and the Australian Criminal Intelligence Commission (ACIC) to identify and disrupt serious online criminal activity.
Understanding your rights when police search your phone in Australia – what you need to know. Police in Australia can search your phone if they suspect you or your phone has been involved in a crime. Under Criminal Code 205A, police officials can issue a warrant to search your phone.
Grounds For Dismissal
Not only is it illegal under New South Wales law to record conversations at work except in very limited circumstances, it is also grounds for the employer to take disciplinary action or terminate the employment altogether.
Under CCTV laws, employers are allowed to use CCTV monitoring in the workplace if they have a legitimate reason for doing so. These reasons could be employee safety, crime prevention, preventing employee misconduct, ensuring compliance with health and safety procedures, and so on.
It is legal to record video (and that means only video, no audio) in common areas of your property (like the kitchen or lounge room) as long as your intent isn't malicious (i.e. your aim is to protect your family or property) and that recordings are kept private unless required by relevant authorities as evidence.
Section 227A of the Criminal Code makes it an offence to observe or visually record another person in circumstances where a reasonable adult would expect to be afforded privacy.
14-227a. Operation while under the influence of liquor or drug or while having an elevated blood alcohol content.