Legal

Queensland Security Camera Laws Explained

Filming your own home is lawful in Queensland. The rules bite around private spaces, sound recording, workplaces and shared property. Here is a plain English summary.

General information only, based on our understanding of Queensland law. It is not legal advice. For a specific situation, speak to a lawyer or the relevant government agency.

Your own property

No Queensland law stops a homeowner installing cameras on their own house and recording what happens on their own property. Cameras over the driveway, the doors and the yard are lawful and common.

Some of the street or a neighbour’s property will usually appear in the background. That is generally acceptable when it is incidental to covering your property. A camera aimed deliberately at a neighbour’s private space is a different matter.

Private places

The Queensland Criminal Code makes it an offence to observe or visually record someone in a private place, or doing a private act, without their consent, where they would reasonably expect privacy. Think bathrooms, bedrooms and change rooms. A camera that looks into a neighbour’s bathroom window is in serious legal trouble regardless of the owner’s intentions.

On our installs, cameras are aimed at your property, and privacy masks black out neighbours’ windows when they fall in the frame.

Recording sound

Queensland treats audio separately. The Invasion of Privacy Act 1971 makes it an offence to use a listening device to record a private conversation you are not a party to. A camera microphone in the driveway can easily pick up two people talking on the footpath.

The safe approach is to leave audio recording switched off on outdoor cameras. Using a camera’s speaker for talkback or warnings is fine.

At work

There is no Queensland workplace surveillance act along the lines of the laws in New South Wales and the ACT. The Criminal Code and Invasion of Privacy Act still apply at work, so cameras stay out of toilets and change rooms and private conversations are not recorded. Tell staff in writing what is covered and why, and put signs at the entrances.

Businesses turning over more than $3 million, plus some smaller ones such as health providers, must follow the Australian Privacy Principles under the federal Privacy Act. These cover how footage of people is collected, kept, used and shared.

Tenants and landlords

Tenants need the owner’s permission before fixing cameras to a rental. Queensland’s rental laws changed in 2023 so tenants can request some minor modifications that owners can only refuse for set reasons. Landlords must not record inside a home they have rented out.

Body corporate

Common property in a scheme belongs to the body corporate. Cameras on common property need committee approval, and the scheme’s by-laws may also limit changes to the outside of individual lots.

More information

The Office of the Information Commissioner Queensland, the Residential Tenancies Authority and the Office of the Australian Information Commissioner all publish guidance on these topics. For anything specific, ask a lawyer.

Questions people ask

Is it legal to film the street from my house?

Generally, yes, when the camera is covering your own property and catches the street incidentally. Aim cameras at your property, not into other people's homes.

My neighbour's camera points into my yard. What can I do?

Start by talking to them. If the camera is aimed into a private area such as a bathroom or bedroom, that may be an offence, and you can contact police. A lawyer can advise on other options.

Do I have to keep footage for the police?

There is no general obligation for a home. If police ask about an incident, export and keep the relevant clip so it is not overwritten.

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