Quick answer
Yes. Homeowners and businesses in Victoria can generally use security cameras to protect their own property. The main rules come from the Surveillance Devices Act 1999 (Vic). Avoid filming private activities, especially inside other people’s homes, avoid recording audio, never put cameras in toilets or change rooms, and aim cameras at your own property.
This guide is general information only, not legal advice. If you have a specific situation or dispute, speak to a lawyer.
The law that applies
In Victoria, CCTV is mainly governed by the Surveillance Devices Act 1999 (Vic). It covers optical surveillance devices, which includes security cameras, as well as listening devices, tracking devices and data surveillance.
Under section 7 of the Act, it is an offence to knowingly install, use or maintain a camera to record or observe a private activity that you are not part of, without the consent of the people involved.
What counts as a “private activity”?
A private activity is one carried on in circumstances where the people involved would reasonably expect only themselves to see it. The Act’s definition excludes activities carried on outside a building, and activities where people ought to expect they might be observed by someone else.
In practice, this means cameras covering your own driveway, front door, yard and the street outside are generally treated very differently from a camera that can see inside someone’s home.
Neighbours
Even where the law allows it, cameras that look into a neighbour’s windows, bathroom or private outdoor area are a common cause of disputes. Our advice:
- Aim cameras at your own property and entry points
- Use privacy masking to block out windows or areas next door
- If a neighbour raises a concern, show them what the camera actually sees
- Never aim a camera into anyone else’s home
Audio recording: switch it off
Many cameras can record sound. Recording private conversations is much more strictly controlled than video under the Surveillance Devices Act, because a microphone can pick up conversations from people who have not agreed to be recorded. We recommend switching audio off on home and business cameras unless you have specific legal advice.
Businesses and workplaces
Businesses can use CCTV for legitimate reasons such as security, theft prevention and safety. A few extra rules and good practices apply:
- Never install cameras in toilets, washrooms, change rooms or lactation rooms. The Act specifically prohibits workplace surveillance in these areas.
- Put up clear signs saying CCTV is in operation at entries and in monitored areas.
- Tell staff where cameras are and what they are for, ideally in a written policy.
- Limit who can view and export footage, and keep it secure.
- Larger businesses may also have obligations under the federal Privacy Act 1988.
Sharing and posting footage
Be careful about posting footage online. The Act also restricts publishing or communicating recordings of private activities made in breach of the rules. If your footage shows a crime, give it to Victoria Police rather than posting it on social media.
How we help
When we install a system, we plan camera positions to cover your property, set up privacy masking where cameras could see next door, and switch audio off unless you ask otherwise. For businesses, we can advise on signage and camera placement around staff areas.
Sources
- Australian Law Reform Commission: surveillance devices offences
- Victorian Law Reform Commission: surveillance in public places summary
- Victorian legislation: Surveillance Devices Act 1999
Want advice for your property?
Book a free site check and get a fixed, itemised quote within 24 hours.