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CCTV FAQ – How can recordings be accessed?

Posted 04 May 2025

Category: eBooks

Person seeking access to recordings and owners corporation faced with requests for access should consider the following scenarios:

  • Any person may request access and that access may be approved by the owners corporation, but some discretion should be applied by the owners corporation, e.g. the owners corporation should consider the purpose for which the access is required and whether that purpose is appropriate or alternatively an invasion of privacy or otherwise inappropriate. In that context, the owners corporation should consider restrictions under the Surveillance Devices Act 2007 in relation to sharing details of private conversations, which may have been recorded inadvertently and form part of these records. Privacy law restrictions could also apply. Further, the recordings may constitute evidence in potential proceedings.
  • An owners corporation may be required to provide access for the purposes of an inspection of its records under Section 182 of the Strata Schemes Management Act 2015. Such recordings appear to fall within the scope of Section 182(3)(j), i.e. “any other record or document in the custody or under the control of the owners corporation”. However:
    • Such recordings are not records of a type which the owners corporation is required to retain (discussed in more detail in FAQ 9) and will only be available while held. For example, if the relevant equipment makes the recordings to a hard drive and overwrites that hard drive on a monthly basis, the recording will only be available for that period.
    • This requirement is limited to records in the custody or under the control of the owners corporation. Consequently, this requirement may not apply if the recording is held by a third party service provider, i.e. it will be dependent on the owners corporation’s arrangements with that service provider, specifically the extent of its control over the recording.
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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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