Written by: Braden Milburn, Criminal Law Solicitor - Updated 15/07/2025
Planning to install security cameras around your home? You may be surprised to learn that Queensland has specific laws around surveillance devices and what is acceptable to record.
Recordings that are deemed to be recorded unlawfully or inappropriately may be deemed inadmissible as evidence. This could be detrimental in some cases and could potentially make you liable to legal action.
Keep reading to learn what you can and can’t capture under Queensland law. But first, review what qualifies as a surveillance device.
What’s Considered a Surveillance Device?
A surveillance device includes technologies or devices that are developed specifically for surveillance purposes. This includes anything capable of being used for surveillance, such as:
- Listening and audio devices
- Optical or visual devices
- Tracking or location devices
- Biometric surveillance devices
Recording Personal Conversations is Allowed
In general, it is considered legal to record a spoken conversation if you are actively participating in the conversation.
Although consent from other parties involved is not necessary, it’s best to get their permission first. Or, at the very least, let them know they’re being recorded.
Recording Other People’s Conversations is Not Allowed
If you’re not involved in a conversation, yet you’ve decided to record it, this could get you into serious legal trouble.
The Invasion of Privacy Act 1971 (Qld) establishes an offence regarding the audio recording of private conversations in which you are not a participant. Typically, being part of a conversation means you are:
- Engaging in face-to-face conversation
- Discussing a topic over the phone
- Being actively involved in a group discussion
For example, if you’ve separated from your spouse and your child is communicating with the other parent, you cannot record the conversation. Doing so would be considered unlawful surveillance and could have serious consequences which could include civil or criminal legal proceedings against you.
Further, you wouldn’t be able to rely on this recording as evidence in support of any claim or case you wished to make.
When in doubt, get permission before recording.
Setting Up Surveillance in Private Places is Not Allowed
Under Section 227A of the Criminal Code Act 1995 (Qld), it is a criminal offence to record individuals without their consent, in places where they have a reasonable expectation of privacy, such as bedrooms or bathrooms.
Pointing Cameras at Your Neighbour’s Property is Not Allowed
If you set up security cameras around your property, it is expected that the cameras will predominantly face your house, although a little overflow is acceptable.
But if you set up cameras pointed directly into your neighbour’s yard or house, this could be a breach of their privacy. In some cases, it could even amount to unlawful intimidation or harassment.
When setting up a surveillance camera, carefully consider its placement to avoid any interference with individuals in neighbouring properties, particularly those with young children or swimming pools.
Recording Your Neighbour’s Barking Dog is Allowed
If your neighbour’s dog is barking incessantly and you want to record the noise as evidence, whether to inform your neighbour or to make a formal complaint to council, you’re generally allowed to do so.
Since animals aren’t protected by surveillance laws, there’s no issue with recording without consent.
However, if you’re filming over the fence into your neighbour’s property, that is a breach of privacy. If you’re going to film, be sure to film from your side of the fence and within reason.
Setting Up Cameras on Body Corporate Property May Be Allowed (With Approval)
If your property is part of a body corporate, the installation of exterior cameras must align with the obligations set forth by the body corporate and community management.
Obtaining approval from the Body Corporate Committee may be necessary before installing surveillance cameras in external areas.
In Queensland, while it’s generally legal to record video in common areas without audio, it’s still best practice to seek permission from the body corporate or at least notify residents that surveillance is in place.
Failure to comply with the regulations outlined in the Body Corporate and Community Management Act 1997 (Qld) can result in property owners being in violation, particularly if the use of surveillance cameras causes any disturbances or inconveniences to common property.
Handle Recordings According to QLD Law
Once you’ve made the recording, be aware that the Invasion of Privacy Act 1971 (Qld) governs the usage and handling of such recordings.
For instance, the legislation prohibits the communication or publication of the recording, except in specific circumstances. These exceptions include:
- Sharing the recording with another person who was part of the conversation.
- Publishing or communicating the recording to an extent that is reasonably necessary for the public interest.
- Publishing or communicating the recording to an extent that is reasonably necessary to protect the interests of the person who made the recording.
- Using the recording during legal proceedings (where admitted).
Safe Storage & Security of Recordings
You are responsible for taking reasonable steps to protect the personal information collected through your surveillance system. This includes implementing appropriate security measures to prevent unauthorised access, use, or disclosure of the recorded data.
Additionally, you should establish a retention period for the recorded data and ensure its secure disposal when no longer required.
Read more about the legal considerations of recorded conversations here.
Always Give Notice When You Record
It is advisable to provide clear and visible notice that surveillance is in operation on your property.
This can be done through signs indicating the presence of cameras or by other means that effectively inform individuals that their activities may be recorded.
If you have a desire to set up home surveillance, our criminal law solicitors can provide guidance on the legal considerations prior to installation.
In the event you are involved in a disagreement concerning surveillance, our solicitors can support you in achieving the most favourable resolution.
