CCTV laws in Australia for homes and businesses

Read this first

This guide is general information, not legal advice. Surveillance law in Australia is a patchwork. It varies by state and territory, and it changes. Before you install cameras, check the current legislation in your own state or territory, and speak to a lawyer or the relevant regulator if you have a specific question.

What follows describes common themes, so you know what to look into.

Why the rules vary

Australia has no single national law for private-use CCTV. Instead, several layers apply.

• State and territory surveillance-devices laws. These generally deal with listening devices, optical surveillance, tracking and data surveillance. They differ in how they treat video and audio.
• Workplace surveillance laws. Some jurisdictions have specific rules for employers monitoring staff.
• Privacy law. The federal Privacy Act applies to some businesses, depending on their size and activities. Some states have their own privacy legislation, too.
• Other laws. Rules on trespass, harassment, and in some cases strata and tenancy law can also be relevant.

Surveillance legislation by state and territory

The following table lists the main surveillance-related legislation commonly referred to in each jurisdiction. Titles and details change, so check the current version before relying on it.

Please check the current version and any amendments. This table is not a complete list, and it does not explain how each law applies to your situation.

Video versus audio

A theme that appears across jurisdictions is that audio is treated more strictly than video. Recording a private conversation without the consent of the people involved can be an offence in many places, even where recording video is allowed.

Many cameras can record sound. If you do not need audio, the simplest approach is to turn it off. If you want it, get advice first, since the rules on who must consent differ.

Where cameras should not point

Some points are consistent enough to be worth stating generally.

• Do not install cameras in toilets, change rooms, bathrooms or similar private spaces.
• Do not point cameras into a neighbour's windows, bedroom or private yard.
• Be careful with areas where people expect privacy, such as a staff break room or a medical consulting room.

Cameras covering your own entrances, driveway and yard are generally the lower-risk category, but the field of view matters. The practical side of this, including neighbours, is covered in signage, privacy and neighbours.

Homeowners

For a typical household, the main questions are:

• Does any camera see into a neighbour's private areas?
• Is any audio being recorded?
• Where is the footage stored, and who can see it?
• Will you share footage, for example posting it online?

Footage showing a person can be personal information, and publishing it can create issues of its own. If something happens, the usual path is to give footage to police rather than to post it publicly.

Businesses and employers

Businesses face more obligations, because they have staff and customers.

• Staff. Some states require notice to employees before surveillance starts, and set rules for what is allowed. Telling staff clearly is good practice everywhere.
• Customers and visitors. Signs at entrances are common and helpful.
• Private spaces. Cameras are generally not appropriate in toilets, change rooms or similar places.
• Privacy Act. Some businesses must follow the Australian Privacy Principles, which cover collecting, storing, using and disposing of personal information, including video. Whether the Act applies depends on the business.
• Storage. Footage should be kept securely and deleted when no longer needed.

Sector-specific places such as medical practices add more privacy sensitivity. See medical practices for the kind of areas that need extra care.

Strata, tenants and landlords

Common property in a strata scheme usually requires approval through the owners corporation, and tenants generally need the landlord's permission before changing a property. Rules differ by state. If you are a landlord installing cameras at a rental, tenants' privacy matters, and cameras inside or pointed at their private areas are a significant risk. See body corporate and common areas for typical settings.

A short checklist

• Check your state or territory's current legislation.
• Switch off audio unless you have taken advice.
• Keep cameras away from private spaces and neighbours' areas (see where to place security cameras).
• Put up clear signs where appropriate.
• Tell staff in writing before monitoring them.
• Limit who can view footage, and use strong passwords (see viewing cameras remotely and safely).
• Keep footage only as long as you need it.

Limits

Nothing here covers your specific circumstances, and the law may have changed since this was written. It is not legal advice. For a particular question, consult a lawyer, your state's privacy or surveillance regulator, or an appropriate government body.

An installer can explain how a camera layout interacts with these issues, but cannot give legal advice. You can ask us about installation and raise any privacy concerns as part of planning.

Frequently asked questions