PRIVACY

There is no common law right to privacy. There is Commonwealth government legislation that outlines how, why and what information the government can compile and store. Some private bodies, such as health organisations must comply with similar requirements under this law. There is not similar law at a state level, just a Cabinet Administrative Instruction. Neither of these bind private individuals. The only limitations on invading someone's privacy are contained within specific legilsation. For example, stalking and recording private conversations.

Recording conversation

It is not uncommon for someone to record a conversation. This might be done by an employer or by someone with whom a person is having a dispute. The Listening and Surveillance Devices Act 1972 prohibits the recording of a private conversation, the penalty for which is a fine up to $2000 or imprisonment up to a maximum of six months, or both [s 4].

A private conversation can only be recorded by a person who is a party to the conversation and the recording is:

part of that person's duty, or
in the public interest, or
for the protection of the lawful interests of the person recording the conversation.

An example of protecting a person's lawful interest may include, a person recording a debtor admitting owing money where there is no written proof and that person wishes to avoid the debtor later denying the debt.

A person who is not taking part in a conversation cannot lawfully record a conversation.

Photography and Film

There are no general restrictions on the taking of photographs or film in a public place or from a public place. The only restrictions would be that the photo not: be indecent (such as 'up the skirt' photos), of a child in a provcative or sexual manner, be used for voyeurism, protected by a court order (eg. child custody or witness protection), defamatory or being for commercial purposes.

If the photos or film are being taken on private property, then the owner of that property may impose their own limitations on who can take photos of what. This means that if a sporting club uses council owned property for its events then the council may impose limitations on photography. This does not stop someone taking photos on the private property from a public place outside that property.