Body Camera Laws in Australia - Your Guide to Filming Legally

[DISCLAIMER: Overwatch Security can only offer general advice. As the use of technology-related surveillance is still a developing area of the law, we can only provide general information, not legal advice. Speak to a legal professional or law enforcement officer for a clearer understanding of your rights and responsibilities.]

A body camera is a wise investment, giving you peace of mind and reassurance about your daily activities. In addition to the many professions that use these personal surveillance cameras, including paramedics, law enforcement officers, wildlife rescuers, and traffic management, everyday people are now benefiting from their convenience as well.

Although helpful, private body camera laws in Australia can differ by state, dictating how and where you can use them. As a device capable of recording both audio and video media, there are laws surrounding its use, and as a responsible citizen, it’s important you understand what they are.

To ensure you use your body camera lawfully and confidently, we’ve created this simple guide to give you an overview of the legislation, your key rights, and how to navigate common pitfalls.

Can I legally use a body camera in Australia?

Yes, and the great news is that in the vast majority of open, public places, like a busy street or a dog park, recording video footage is generally lawful across Australia. This is because people in such places do not have a reasonable expectation of privacy.

Capturing audio is a little more complex as different states follow different rules regarding who needs to consent to record a private conversation.

The Dog Park Scenario: Recording for Evidence

If you are recording a situation like an aggressive dog owner, this conversation is highly unlikely to be considered a 'private conversation' under the law. Furthermore, even in states with the strictest rules, the recording is likely protected under a key exception: The Lawful Interests Exception.

This means that in all Australian states, the audio recording is permitted and you don’t need consent if it is reasonably necessary to protect your lawful interests. This covers critical situations like gathering evidence of a dog attack and resulting injury, harassment, or a crime to provide to the police, Council Rangers, or use in court proceedings.

When is Audio Recording NOT Allowed?

While the Lawful Interests Exception is broad, it is not a loophole for general eavesdropping or snooping. You are not legally allowed to use the audio recording function of your body camera if your purpose is to:

• Record a private conversation between two or more people that you are NOT a party to.
• To harass or intimidate another person.

For example, if you are sitting at a public bench and overhear two strangers having a quiet, personal conversation about their job interview or health matters, secretly recording that audio is illegal in every state. This action clearly fails the "lawful interests" test and breaches the privacy expectations of others. The body camera is a tool for your protection, not for recording the private lives of others.

When is Video Recording NOT allowed?

Even if you disable audio, video-only recording is not automatically legal in every scenario. When you record, you must still respect the reasonable expectation of privacy.

In most public places (streets, parks, footpaths), recording video is lawful because people expect to be seen. However, Video-Only Mode can still lead to legal issues if your recording involves:

• Recording Private Places: This includes obvious areas like change rooms, public bathrooms, or secretly filming into a private office.
• Filming Private Activity: In some states (like Victoria and Western Australia), laws prohibit the optical recording of a "private activity" even if it happens in a public space. An example would be zooming in on someone changing clothes.
• Intimidation or Harassment: Stalking and harassing others is a serious offence in all states.

Always ensure your recording is not infringing on a person's visual privacy where they have taken steps to conceal themselves. TL;DR: Don’t be creepy!

The Two Key Consent Rules

When you are not recording under The Lawful Interests Exception, you must be mindful of who needs to consent to the audio recording:

• One-Party Consent States (e.g., QLD, NT): You can legally record the audio of any private conversation without the others' knowledge, provided you are an active participant in that conversation.
• All-Party Consent States (e.g., VIC, NSW, SA, WA, TAS, ACT): You generally need the consent of everyone involved, unless you are relying on the powerful Lawful Interests Exception mentioned above.

The Simple Takeaway

If you are recording for personal safety or evidence, you are usually within your rights to capture both audio and video. For all other situations, ensure you understand the specific consent rule of your state (which we will expand on later in this article), or simply switch to Video-Only Mode on your Overwatch® body camera to stay safe.

State-by-State Breakdown

As is the case with most laws in Australia, each state and territory has its own legislation to follow. Here’s a quick rundown of each jurisdiction’s rules, so you can make sure you’re acting lawfully when you wear and record with a body camera.

New South Wales (NSW)

The Surveillance Devices Act 2007 is the governing law around body camera use. These are the key points:

• It’s generally an offence to install or use a listening device to record a private conversation, even if you are a participant.
• The Lawful Interests Exception Applies: This offence does not apply if the recording is reasonably necessary to protect your lawful interests (such as evidence of abuse or threats). This is the key exception relied upon for evidence gathering.
• Publication: Publication or communication of a private conversation is prohibited, unless the communication itself is reasonably necessary for the protection of your lawful interests (e.g., providing the recording to the police).
• Video: It is not an offence to use video surveillance as long as you have not entered someone’s private property or a private place with an expectation of privacy (e.g., a home, changing room).

Victoria (VIC)

The governing law in this state is the Surveillance Devices Act 1999, which regulates the use, installation, maintenance, and retrieval of surveillance devices, including body cameras. It includes:

• ⚠️ The Critical Rule: While you are allowed to record a private conversation you are a party to, it is a serious offence to publish or distribute that recording, unless the publication is reasonably necessary for the protection of your lawful interests (e.g., disclosing it in legal proceedings or to the police).
• Audio Recording: You are generally permitted to record a private conversation as long as you are a party to it ("one-party consent" for the act of recording).
• Non-Parties: It is an offence to knowingly record or listen to a private conversation that you are not a party to.
• Video: Laws are less stringent for video-only recording, but the rules surrounding recording "private activity" without consent still apply.

Queensland (QLD)

In QLD, the laws are slightly different again. The Invasion of Privacy Act 1971 provides legislation around the use of audio recording devices (including body cameras that record audio). However, Section 227A of the Criminal Code makes it an offence to video record people without consent, if it’s in a private place. Here’s what both cover:

• As long as you’re a participant in a private conversation, you can lawfully record audio. There’s no need to tell the other parties that you’re recording it, either. However, you can’t record a conversation if you’re not a party to it.
• Publication: Even if you’re permitted to record a conversation, there are still restrictions around sharing or publishing the footage. The exceptions are if it’s reasonably necessary to do so to protect your lawful interests, you’re sharing it with someone involved in the conversation, it’s shared with consent, or it’s in the public interest.
• Video: While wearing a body camera, you can record conversations you’re participating in with other people, even without their consent. However, capturing private conversations in public places and recording individuals in private settings is not permitted.

Western Australia (WA)

The governing law in WA is the Surveillance Devices Act 1998. The Act covers the use of any surveillance device, including audio and video, and it restricts the communication or publication of any information or footage obtained through these devices. The Act includes:

• All-Party Consent (with Exception): Recording audio of a private conversation or video recording of a private activity is a criminal offence unless you have the consent of all parties, OR the recording is reasonably necessary for the protection of your lawful interests.
• Definition of Private: "Private activity" means any circumstance where at least one party expects it to be observed only by themselves.
• Video: It is generally allowed to record in an open, public setting where people would not expect visual privacy.

South Australia (SA)

South Australians are protected by the Surveillance Devices Act 2016. The Act regulates the use of tracking, video, and listening devices, as well as data surveillance centres. It also restricts you from communicating or publishing any information that you might obtain through one of these devices. It includes:

• It’s an offence to use a listening device to hear, record, or listen to a private conversation if you’re not a participant. It’s also an offence to record a private conversation if you are a participant in it. You can use a listening device if it’s not a private conversation.
• It’s also an offence to use or maintain a video surveillance device (including a body camera) to record or observe any private activity, without the consent of each party involved.
• Exceptions include if you’re using the device with consent from all parties, if it’s necessary to protect your lawful interests, if it’s in the public interest, or used for a specified law enforcement purpose.
• You can’t use, communicate, or publish information or material that you obtained through your body camera if it contravenes any of the above offences.
• If you’re wearing a body camera, you’re generally able to record in public, open spaces. However, private places or private conversations come with a higher risk.

Northern Territory (NT)

The Surveillance Devices Act 2006 (NT) provides rules similar to Queensland.

• Audio (One-Party Consent): It is lawful for a person who is a party to a private conversation to record it.
• Video/Activity: The Act generally prohibits using a video device to record private activity or in private places.

Tasmania (TAS)

The Listening Devices Act 1991 (TAS) is the governing law.

• All-Party Consent (with Exception): You are generally not permitted to record private conversations.
• The Key Exception: You can use a device to obtain evidence or information in connection with an imminent threat of serious violence to persons or of substantial damage to property. This acts as the "lawful interests" exception.
• Video: While the Listening Devices Act mainly targets audio, Tasmania's Police Offences Act 1935 makes it an offence to visually record or observe another person when a reasonable person would expect privacy. Do not aim your body camera at private or intimate places without consent.

Australian Capital Territory (ACT)

The Listening Devices Act 1992 (ACT) is the governing law.

• Audio (All-Party Consent): It is generally an offence to record a private conversation unless all parties consent, or you are relying on a legal exception.
• The Key Exception: The Lawful Interests Exception is the safest and most reliable legal path.
• Video: General video recording in public is lawful. However, the Crimes Act 1900 specifically prohibits intimate observation using a device (like a body camera) where the person would expect privacy.

Still in doubt? We recommend consulting with a legal professional to discuss body camera use and understand your rights and responsibilities. These powerful tools offer a lot of benefits, but only when you operate them lawfully and respectfully.

Common Scenarios of Civilian Body Camera Use and Your Rights

Wearing a body camera can help you feel protected and secure in many situations. But whether you’re dealing with law enforcement, a road rage incident, or at work, there are different laws in place. These are some of the most common environments where you might want to record with your body cam, and what to consider.

Can I film law enforcement with a body camera?

Yes, you generally have a clear right to film police and public officials in a public place. Your ability to record police interactions, including audio, is protected under the Lawful Interests Exception across all states, as gathering evidence of potential misconduct, abuse, or liability is a legitimate legal interest.

• The Golden Rule: You must never interfere with or obstruct the duties of law enforcement officers, and you must always obey reasonable directions they give you (e.g., stepping back from a scene).
• Publication: Be cautious about publishing footage, as you may face challenges regarding defamation or privacy, even if the initial recording was lawful. It is often safest to provide the footage directly to legal professionals or official complaint bodies.

Can I record a fight in public with a body camera?

Recording a fight in a public place with your body camera is generally allowed, as the event is occurring in a public space where participants have no expectation of privacy. Critically, the recording of audio and video is generally protected under the Lawful Interests Exception as you are gathering evidence of a potential assault or crime.

Although the act of recording is lawful, if you publish or share the footage later, you could be breaching surveillance, defamation, and privacy laws.

Can I record in someone’s home with a body camera?

It’s generally unlawful to record someone in their home without their consent. Since a home is a private place, and there’s an expectation that all conversations within this place would be private also, you would be breaching the law if you recorded it casually.

• The Key Exception: The law makes exceptions for lawful interests or emergencies. If you are in someone’s home and your personal safety is under immediate threat, the Lawful Interests Exception overrides the need for consent, justifying the recording for evidence of the threat.
• If you do want to film in someone’s home with your body camera for non-emergency reasons, always ask for consent from the person you’re recording.

Can I ask my employees to record their work day with a body camera?

Employers must follow strict legal procedures. Generally, an employer cannot require or allow surveillance, including body cameras, without providing written notice, explicit consent, and clear policies.

The requirements are governed by state-specific Workplace Surveillance Acts (like in NSW and ACT) or general Surveillance and Privacy Acts (in other states).

Employers must have clear policies in place if they plan to ask staff to wear body cameras, including information on how they’ll manage the data and why and when they’ll record them.

1. Requirements for Employees

Before any surveillance (including body cameras) can begin, the employer must ensure the following are in place:

• Written Notice & Timeframes: In states with specific legislation (like NSW and ACT), this notice must be given at least 14 days before surveillance commences.
• Purpose and Consent: A good reason for the surveillance must be provided, and consent must be gained.
• No Private Areas: Surveillance is strictly prohibited in private areas (toilets, change rooms, etc.).

2. Requirements for Customers

When an employee is wearing a body camera in a customer-facing role (e.g., retail, security, transport), the employer's obligations extend to the public:

• Signage is Highly Recommended: Displaying clear, visible signs at all entrances is considered best practice, and often mandatory in NSW.
• Body Worn CCTV Pins/Badges: Making the employee wear a warning pin or clearly labelled badge is a crucial part of demonstrating transparency.
• Audio/Listening Devices: Recording audio of customers is particularly sensitive. To comply with All-Party Consent rules, the business must have a clear, overriding lawful purpose (i.e., collecting evidence of abuse, threats, or assault) that justifies the audio recording without express consent.

How to use your body camera lawfully

A body-worn camera can give you peace of mind and a sense of security. But it’s your responsibility to use it lawfully. Here are a few common legal pitfalls that people come across with bodycams, along with tips to avoid them.

1. ⚙️ Ensure Evidence Integrity (Admissibility)

These steps are critical to ensuring your footage is useful in court proceedings (admissible as evidence).

• Check That Your Camera Works Properly: Intend on capturing evidence with your body cam? It should display an accurate timestamp, with clear audio and video quality, to be admissible. Do a trial run with your camera before recording. If you need to fix the time/date, do so in the settings immediately.
• Leave the Footage Raw (Maintain Chain of Custody): Never edit, delete selectively, or manipulate the footage you capture. If you do need to use the footage for evidence, editing can raise authenticity issues and severely damage your claim. The original, unedited file is essential for establishing a chain of custody.
• Be Smart About Data Storage: Use data encryption and comply with data protection obligations under federal laws when handling your recordings. This means storing the original file securely, limiting access, and, if you’re a small business or organisation, understanding your responsibilities under the Privacy Act 1988.

2. 🤫 Know When Consent is Needed (The Audio Risk)

The greatest legal risk for civilians is the audio recording function.

• Record for the Right Reasons: Don’t record with the intent to harass, intimidate, or publicly shame anyone. Doing so makes you susceptible to defamation, stalking, and privacy laws. Your intent must be self-protection or evidence gathering.
• Always Get Consent (When Safe and Possible): Always inform the other party and gain their consent, if it’s safe or appropriate to do so. If you are recording under the Lawful Interests Exception (e.g., during a threat or assault), consent is not required, but you must still focus only on gathering evidence of the threat.
• Keep to Public Places: Never use your body camera where others would expect a high degree of privacy, such as sleeping quarters, change rooms, and bathrooms. Likewise, don’t record private conversations between two or more people in public places where you are not a party to the discussion.

3. 💼 Workplace and Distribution Rules

These rules cover specific professional and publishing obligations.

• Personal Use Only (Unless Permission is Granted): Only ever use your body camera for personal protection and documentation. If you plan to use it at work, you must seek permission from employees, provide written notice, and state the reason (as detailed in the Workplace Surveillance section).
• Be Cautious with Distribution (Publishing): Before sharing any footage online, ensure you have obtained consent from everyone in the recording. Even if you recorded it lawfully, distributing the footage can breach other laws. To protect yourself, consider redacting audio, blurring faces, or obtaining permission from the people you recorded for their protection.
• Use a Quality Body Camera: Review the manufacturer’s instructions and disclaimers, and ensure the device meets relevant standards. Overwatch® body cameras are professional-grade and suitable for both civilians and law enforcement personnel.

As always, using your best judgment is the smartest approach when it comes to following civilian body camera laws in Australia. If in doubt, don’t record. And if you do record, be considerate with how you distribute or share the footage.

A convenient way to keep watch

There are numerous benefits to protecting yourself with a civilian body camera, but you must operate it correctly. Always consider where, who, and why you’re recording, as well as what you plan to do with the footage. And when in doubt, check your state and territory legislation surrounding surveillance and recording.

With respectful and lawful use of a body camera, they can be a powerful tool for your protection. Check out Overwatch Security’s range of body cameras, and benefit from personal safety and transparency.