Cameras at an Australian business sit under several sets of rules at once: the surveillance devices legislation of the state or territory, workplace surveillance rules in some jurisdictions, federal privacy law for some businesses, and ordinary obligations to staff and neighbours.
This is general information, not legal advice. It is no substitute for checking the current law where your site is, or for advice about your own circumstances. Legislation is amended regularly.
The law is state by state
There is no single national CCTV Act. Each state and territory has its own surveillance devices legislation, differing in scope, in what it prohibits and in the exceptions it allows.
| Where | Main surveillance legislation (check the current version) |
|---|---|
| NSW | Surveillance Devices Act 2007; Workplace Surveillance Act 2005 |
| Victoria | Surveillance Devices Act 1999 |
| Queensland | Invasion of Privacy Act 1971 and Criminal Code provisions |
| Western Australia | Surveillance Devices Act 1998 |
| South Australia | Surveillance Devices Act 2016 |
| Tasmania | Listening Devices Act 1991 and related legislation |
| Northern Territory | Surveillance Devices Act 2007 |
| ACT | Listening Devices Act 1992; Workplace Privacy Act 2011 |
Two things are worth noticing. Some jurisdictions regulate optical (video) surveillance in detail while others focus mainly on listening devices. And some have specific workplace surveillance legislation on top of the general Act, with its own notice requirements. Again: general information only — check your own state's rules and the current text of whatever applies.
Audio is treated more strictly than video
Across Australia, recording private conversations is generally treated more strictly than recording images, and listening device rules are often the oldest part of the legislation. Penalties can attach to recording a conversation you are not party to, and in some places to one you are.
The practical consequence: many cameras have microphones enabled by default. Unless you have deliberately decided to record audio and taken advice on it, turn them off and be able to show they are off.
If audio has a genuine purpose, treat it as a separate decision needing its own advice.
Notifying people, and signage
Signage is where the law, good practice and basic fairness line up. Common expectations:
- Clear, visible signs at entrances and in monitored areas, stating cameras are in use.
- Telling staff in writing where the cameras are, what they record, when they operate and what the footage is used for.
- Telling staff before surveillance starts, not after. Some jurisdictions set a specific notice period.
- Including it in employment documents and induction.
- Being clear whether cameras run continuously or only after hours — our alerting guide covers how those schedules are set.
Covert surveillance of employees is a separate and far more constrained matter in several jurisdictions, sometimes requiring external authorisation. It is not something to arrange informally.
Places cameras should not cover
Wherever you are, cameras should not cover toilets, change rooms, showers or any area where people undress. Several jurisdictions address this explicitly, and it is the fastest way to turn a security system into a serious complaint. The same thinking applies more broadly:
- No cameras in sick bays, prayer or parenting rooms, or first aid areas.
- Be careful with staff break rooms. Even where permitted, it is corrosive to trust and often unnecessary.
- Angle cameras to cover your own property. One that looks into a neighbour's yard or windows invites a complaint even if you meant to watch your own fence.
- Where a camera unavoidably sees past your boundary, privacy masking — a blanked region in the image — is the usual answer.
Neighbours and the street
Covering a footpath, driveway apron or shared car park is often unavoidable, and is usually treated differently to pointing a camera at a neighbour's living areas. The complaints that escalate tend to involve a camera aimed at a specific dwelling, or audio capturing conversations next door.
Use masking, choose the narrowest view that does the job, and if a neighbour raises it, show them what the camera actually sees and note the conversation. Neighbour disputes are handled differently in each state, which is another reason to check local rules.
The Privacy Act and footage as personal information
Federal privacy law applies to some businesses and not others. The Privacy Act generally covers organisations above an annual turnover threshold — commonly cited as $3 million — along with certain businesses regardless of size, such as health service providers. The exemptions have detail to them, so do not assume either way.
Where it applies, identifiable footage is typically personal information, bringing obligations about collecting only what you need, telling people about it, keeping it secure and handling access requests. The Notifiable Data Breaches scheme can also require notification if footage is exposed in a way likely to cause serious harm. The Office of the Australian Information Commissioner publishes plain-language guidance.
Even where the Act does not apply, those principles are a reasonable baseline.
Keeping, releasing and using footage
- Security. Protect footage like any sensitive record: default passwords changed, access restricted, a record of who holds administrator credentials. Our network guide covers why the recorder should not face the internet.
- Retention. Keep footage while you have a reason to, then let it overwrite. Indefinite retention is hard to justify and expensive — the storage guide explains how retention is set.
- Who can view it. Decide in advance which roles may review footage and why, and log exports.
- Police and insurers. Requests are routine. Nominate one person, provide what is properly requested, and record what was given and to whom.
- Disciplinary use. Fairness matters as much as legality — our stock loss guide covers investigating without jumping to conclusions.
- Posting footage publicly. Putting identifiable people on social media is a common way to create a problem. Take advice first.
Installers, licences and insurance
In several states, installing security equipment is a licensed activity, and requirements differ between jurisdictions. Ask any installer — including us — for evidence of the licences and insurance they hold, and keep a copy. Our guide to choosing an installer covers what else to ask.
For help designing a system that covers what you need and nothing you would rather it did not, ask for a quote. We work across Australian locations, and more general questions are answered on our FAQ page. None of this is legal advice, and your own state's rules are always the reference point.