Question: Does the BCCM have a Practice Direction for handling CCTV records in a body corporate?
During their CCTV webinar, Frank Higginson and Chris Irons referred to a BCCM Practice Direction for handling CCTV records. Noting the webinar was recorded in 2021, is the Practice Direction available or is this a work in progress?
Answer: The Commissioner’s Office has published a factsheet on CCTV in strata.
While there is not a specific Practice Direction on CCTV in strata, the Commissioner’s Office has published a factsheet on the issue: Video Surveillance in a body corporate. The fact sheet includes input from Queensland Police Service, so that means you will be able to get a fulsome overview of CCTV strata issues (hint: it’s not a straightforward topic).
Frank Higginson
Hynes Legal
E: frank.higginson@hyneslegal.com.au
P: 07 3193 0500
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
This post appears in Strata News #730.
As an owner of a SFP townhouse in the complex, I have installed a security camera in my backyard, strictly within my property boundary, primarily for security and safety monitoring purposes.
The camera is positioned to face the fence door of the backyard and, incidentally, it also captures footage of the swimming pool area, which is part of the body corporate’s common property air space. My concern centers around whether the body corporate common property swimming pool is considered a private or a public space, and if there are any legal implications with the camera recording this area.
The installation of the camera was partly in response to incidents where rocks were thrown at my wall from the pool area. Capturing these acts on camera is crucial for addressing such issues.
I am seeking clarity on whether installing a security camera within the boundary of my property, yet with a view that extends into the common property area, specifically the swimming pool, raises any legal or privacy concerns. We currently have no by-laws that govern the use of cameras or impose restrictions on them. Since the camera is within my boundary, I assumed there was no need to seek approval from the body corporate.
However, the body corporate committee has expressed concerns about the camera, suggesting it might invade privacy or create a nuisance for other residents using the pool and requires it be taken down.
I am keen to understand the legalities and any potential issues related to my use of the security camera in this manner.
Thanks.
Hi Stanfen
We direct you to Todd Garsden’s response to this question above:
Question: I have installed CCTV. This was discussed at a previous AGM, but no agreement was reached and the discussion was not minuted. What happens now?
We also recorded a webinar all about CCTVs in QLD Strata here: QLD Webinar: CCTV In Strata – Are You Being Watched?
I think it would be a bad idea to allow any resident or tenant in apartment block to have access to any cctv without security guard, caretaker or building manager present! You may see things that are not your business and can use it against the resident! Here is just a harmless incident. I was doing relieving building manager work in apartment building that the chairman was a retired QC, we had a resident spill some milk in the lift and didn’t clean it up, after going through cctv and seeing who it was. I called the chairman to not only tell him who it was but show him cctv footage and he refused to look at it for privacy reasons and asked me to talk to the person privately and should they deny it was them to tell them we have cctv footage and on request only show them a still photo or just the recorded footage with them only and not 1 second before or after. He explained “We Have a STRICT privacy policy” and this was about 17 years ago.
Another building did not even want anyone to see any footage so they cannot see the building cctv blind spots or which cameras are dummy cctv.
About paying fee’s! It all depends on the building staff time budget! if the building only has cleaner who comes in for few hours a day or is not qualified to operate cctv and you need to call out your cctv installer or if you have security company to come out on request to unload footage. If your caretaker/building manager was called out after hours to do cctv or other work on request from police or OC then a call out fee should apply. These are just some rules or cctv etiquette in the buildings that myself and colleagues in Melbourne have worked in.
The OC committee from these buildings in Melbourne has passed a motion to have these rules. Hope this helps.
On the subject of CCTV surveillance in a body corporate, see the very helpful fact sheet published by the BCCM Commissioner’s office.
Our Strata Committee have purchased a number of CCTV cameras for the entrance to our complex and and for the basement car park. These cameras do not cover every area of the complex. If an assault/damage to cars etc happens in an out of camera area can the committee be held accountable?
The following response has been provided by Alanna Hill, Mathews Hunt Legal:
Hi Trish,
While a decision has been made to purchase and install CCTV cameras on common property, there is no legislative obligation to ensure all areas of the Scheme are monitored by these cameras.
Additionally, individual Committee members are protected from civil liability while they are acting in good faith and without negligence.
How long do CCTV records need to be kept legally?
Hi Gerry,
Alanna Hill, Mathews Hunt Legal has responded to your question in the above article.
The CCTV cameras in my block of twelve apartments and two shops are owned an operated by the owner of the shops and one apartment..
There was no approval of authority given to install theses cameras, and they have never been used for any useful purpose .
The owner says that viewing is on a “need to know basis” in other words nobody else can view this footage.
Our Strata manager for some reason is unable to have this matter rectified, the owner is the self appointed secretary, and because of being given three company nominee votes has the majority of voting rights.
So even if put on the agenda fir a Committee meeting and is voted against, he calls an EGM where his majority of votes win. This is just one of a myriad of issues in this building.
Hi Dorothy,
Hayley Gath from Mathews Hunt Legal has responded to your comment in the article above.
on the wider issue of CCTV systems, is it advisable for an owners corporation to have a written policy governing the system parameters, system access controls, and privacy protection.
Hi Seb
Hayley Gath from Mathews Hunt Legal has responded to your comment in the article above.
Two volunteers on our body corporate committee have unknown to residents been granted login access to the security cameras in our building by our security provider. They do not need to request access, there is also evidence they may be accessing footage live on their phones for at will.
What can be done about this ? We discovered this by chance.
Hi John
Hayley Gath’s response above should assist.
https://www.lookupstrata.com.au/qld-body-corporate-cctv-footage/#Q2
Members of the Committe have access to the CCTV on their phones. Is this legal? There is no control of what other parties may be shown footage. E.G. pool areas etc.
Hi Allan
Hayley Gath from Mathews Hunt Legal has responded to your comment in the article above.
Members of the Committe have access to the CCTV on their phones. Is this legal? There is no control of what other parties may be shown footage. E.G. pool areas etc.
“payment of the prescribed fee” to access CCTV footage!!!
What’s the reason for prescribed fee? The owners paid for the CCTV, they own it ,not the Strata Manager. The owners pay an Administrative levy, so there should not be a fee. Sounds like another rip-off!!!