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CCTV FAQ – What are the limitations around the location of cameras?

Posted 04 May 2025

Category: eBooks

Audio recordings and optical recordings (photographs and/or video) are treated differently under the relevant laws, audio being subject to tighter restrictions. However, bear in mind that a particular device can be an audio device, an optical device or both, depending on the technology.

So far as optical recordings are concerned, the general rule is that one requires the consent of the owner of the premises or vehicle which will be accessed or interfered with to install or use the device, without any requirement of consent of any persons whose activities may be recorded. However, a number of New South Wales and Commonwealth laws impose further restrictions:

  • Various provisions of the strata management legislation make it likely that use of devices in such a way as to constitute a significant invasion of privacy or nuisance will be a basis for Tribunal orders prohibiting the use, e.g. cameras positioned to record private activity within lots.
  • The New South Wales Crimes Act contains provisions relating to image-based abuse, generally installing and using devices for various purposes, including voyeurism, stalking and abuse. These are fairly broad in scope, but the key to them is that one should not without consent install devices which might record sexual activity or nudity, with any device which might record activity within a private dwelling being somewhat risky.
  • The Commonwealth Criminal Code and other Commonwealth laws such as the Online Safety Act contain similar provisions, but these are largely focused on publication of recordings and misuse of carriage services, rather than the making of the recordings.
  • The Commonwealth Privacy Act might also apply, at least to some strata managing agents, i.e. those with an annual turnover of more than $3 million. It is unlikely to apply to owners corporations (which are generally not a business) or lot owners (unless they are a business with a turnover of more than $3 million). If the act does apply, it imposes obligations regarding the collection, retention, use and disclosure of personal information and sensitive information relating to individuals, which could well be invoked if a recording contains information relating to an individual. These do not prohibit recordings per se, but businesses retaining recordings which may contain personal information or sensitive information should familiarise themselves with relevant privacy act requirements and ensure that their privacy policies and staff training address the requirements relevant to these recordings. This is irrespective of whether the business exceeds the turnover threshold, because it is good practice to do so and because there is talk of that threshold being removed.

Applying that to a strata context:

  • An owners corporation can install cameras on common property and has a legitimate purpose for doing so, arguably even a duty to do so, given the owners corporation’s obligations regarding safety in common property areas.
  • An owners corporation should not be installing cameras in such a way as to constitute an undue invasion of privacy or nuisance, let alone in such a way as to risk contravening criminal laws. Accordingly, an owners corporation should not be installing cameras with a view of locations such as toilets, changing rooms or the interior of lots. There is a widely held view, with which we disagree, that cameras should not be positioned with a view of facility such as gymnasiums and swimming pools. However, some discretion may be required, e.g. depending on how facilities are used (perhaps it is best not to know what’s happening in your pool late at night) and for more sensitive facilities such as saunas.
  • Lot owners probably require consent to install cameras, at least if installed in such a way as to constitute an alteration or addition to common property and should also be mindful of the restrictions referred to in the previous bullet point. This will be considered in more detail in FAQ 4.
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This is an extract from our CCTV in Strata eBook.

To read more fill in the below form to download our CCTV in Strata eBook for free.

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Bannermans Lawyers

Published 04 May 2025
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