In ACT, are lot owners permitted to install CCTV cameras on their lot? If Owners Corporations install CCTV cameras, is this permitted and what procedures should they follow?
- Can a lot owner install surveillance cameras that record the comings and goings within the scheme? We feel we are constantly monitored. What can we do about this other than speak with the neighbour?
- Our Owners Corporation has no CCTV Policy, Commonwealth Acts and ACT Legislation being applicable.
Our Managing Agent & the Executive committee have elected to exclude any reference to CCTV Policy development and implementation from this year's AGM Agenda.
The plan is to raise the CCTV policy discussion as "general business" at the upcoming AGM, ensuring only members attending the AGM are able to debate & vote on this policy.
The policy decided by those Owners attending the AGM will then be implemented by the Managing agent.
Members of the owners corporation who are not present at the AGM therefore have no knowledge or input to the CCTV Policy.
As long as the recorded videos don't infringe on your privacy and are for lawful purpose only, it is legal for your neighbour to point a security camera at your property in plain view. If the Owners Corporation installs CCTV Cameras on common property, they should develop an ongoing CCTV policy.
As long as the recorded videos don't infringe on your privacy and are for lawful purpose only (like monitoring suspects or prevent package thefts at the front door), it is legal for your neighbour to point a security camera at your property in plain view. There has been a lot of controversy in recent times as to the location of CCTV Cameras and concerns from neighbours on privacy.
As long as the camera is located on their property, it is legal (in most states).
It is still illegal to record audio, even on a hidden camera.
The Acts Governing CCTV cameras are covered by the below legislations.
- Human Rights Act 2004
- Information Privacy Act 2014
- Workplace Privacy Act 2011
- Territory Records Act 2002
- Surveillance Devices Act 2007
Understand the concerns of the owners and the first solution would be to talk over those concerns with the neighbour.
If the Owners Corporation agrees to the install on common property, it is advisable for the Owners Corporation to develop an ongoing CCTV policy including the requirement for requests for footage etc.
Especially if there are costs involved in retrieving footage.
The policy developed by the Owners Corporation on CCTV should ideally be an item for all owners to have input into as it involves action and policy relating to the day to day comings of all residents.
The only other solution may be a private action through ACAT or a private mediation.
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Jan has worked in the Strata Industry since 1988. Jan is a partner and director of Bridge Strata and managing ACT and New South Wales schemes. Jan has been a member of SCA New South Wales for a number of years and served on the licenced manager's subcommittee. She's also a member of the SCA National Professional Standards subcommittee, as well as the recipient of many awards within the strata industry.
Jan is a regular contributor to LookUpStrata.
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