If your enquiry relates to CCTV surveillance on private property, a few options you could consider:

• The Surveillance Devices Act 2007 regulates the installation, use, maintenance and retrieval of surveillance devices
• If the property is also being used as a workplace, you could consider whether the Workplace Surveillance Act 2005 is relevant
• If the property is part of a strata title, you could enquire as to whether CCTV is contravening a bylaw
• You can contact your local council to find out whether the practice may contravene any local laws. Some councils may require planning permission for CCTV
• If you have issues with the operators of CCTV on private property, you can seek mediation at a Community Justice Centre – 1800 990 777
• If the footage is being used for indecent purposes you can report it to the NSW Police.

NOTE THIS IS GENERAL ADVICE ONLY.

Engage a lawyer if you are after legal advice.

Below is the advice given on the OAIC page.

An organisation or agency that uses a surveillance device, such as a security camera or CCTV, generally must follow several laws.

If the Privacy Act 1988 covers the organisation or agency, then any personal information they collect through a surveillance device must comply with the Australian Privacy Principles. The Privacy Act covers Australian Government agencies and organisations with an annual turnover of more than $3 million, and some other organisations. Such an organisation or agency must:

• tell you that your image may be captured before you’re recorded
• make sure recorded personal information is secure and destroyed or de-identified when it is no longer needed

State and territory surveillance and monitoring laws also cover surveillance devices. For more information, contact the Attorney-General’s Department in your state or territory.

Residential security cameras (from the OAIC page)

If your neighbour has a security camera pointed at your house and you’re worried about your privacy, first try to talk to your neighbour. If this doesn’t fix the problem, you could ask your local community justice or neighbourhood mediation centre for help (see the table below).

The Privacy Act doesn’t cover a security camera operated by an individual acting in a private capacity but state or territory laws may apply. For more information, contact the Attorney-General’s Department in your state or territory. However, if you’re concerned about your safety, contact the police.

You could also contact your local council to find out if the practice contravenes any local laws. Some councils require planning permission for security cameras.

If your property is part of a strata title, check the by-laws to see if they cover installing or using security cameras.