Legal use and limits of CCTV recordings

Since the August 2023 announcement by the Australian Federal Police, QLD & NSW Police Forces, there has been much discussion about the (broader) use and implications of CCTVs in early childhood education and care services.

Interestingly, a number of ACA NSW members have been inquiring about the use of these (internal) CCTV cameras for the purposes of recording (some) regulatory activities to ensure comprehensive accuracy when they conduct compliance visits or assessments and ratings.

The legal advice received by ACA NSW confirms that, in concert with the national Privacy Act 1988, the NSW Surveillance Devices Act 2007 (in particular Section 11(2)(a)(i)) prohibits the publication or sharing of “… any recorded conversation or carrying on of an activity” unless consent is given and/or legally instructed/allowed to.

In other words, even though existing CCTV infrastructure (and any devices that can record within their reach) may capture any/all conversations and/or activities, such recordings cannot be published/shared unless the person(s)’ involved give consent or any appropriate authority (eg a court) legally instructs appropriate use.

For any further information or clarification, members can contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.

PUBLISHED: 11 MARCH 2024