Either a body corporate or an owner may wish to install CCTV in a community titles scheme. Naturally, such a wish might raise several questions about body corporate and owner responsibility, as well as concerns about recording and privacy. While legal advice might be required to answer all questions, this fact sheet is designed to address some of the more common issues. This fact sheet has been prepared with the cooperation of the Queensland Police Service and explains the legislative requirements that apply to CCTV surveillance. Other information has been obtained from Legal Aid Queensland.
With the exception of the Body Corporate and Community Management Act 1997 (the Act) providing that “an occupier of a lot must not cause a nuisance in certain circumstances”, the body corporate legislation does not specifically provide for issues pertaining to CCTV surveillance in a body corporate. That said, if a body corporate sets up CCTV surveillance on common property, it has a legislative obligation under the Act to do so reasonably and in compliance with legislative requirements.
In Queensland, it is not illegal for someone to video you or your home, unless:
- they trespass on your land to do so (Summary Offences Act 2005, Section 11 – Trespass);
- they are videoing your private body parts or activities;
- they are recording a private conversation without your permission; or
- it amounts to stalking or domestic violence (Criminal Code Act 1899, Section 359A-F – Unlawful Stalking and Domestic and Family Violence Protection Act 2012, Sections 177-179 – Offences).
For further information please contact the Information and Community Engagement Unit of my Office on 1800 060 119 or visit our website www.qld.gov.au/bodycorporate.