#75912

There are two different issues here. Firstly is whether the OC head installed the cameras with a legitimate committee decision.

The second one is privacy. In short, provided the cameras are installed somewhere where there is no expectation of privacy which just about all common areas would not have (except for a bathroom or changing area), that isn’t an issue. Even cameras pointing across a road towards a front door or window of another property is fine as their is no reasonable expectation of privacy in that instance.

Audio recording should be disabled and it is fine. The fact the cameras have the capability isn’t an issue – in fact most CCTV cameras have that capability now. The rules on audio recording and what is allowed between each state. NSW usually needs all parties to consent whereas in Vic, it needs just one party to a conversation to consent. Recording a conversation someone isn’t a party to is a lawful interception though, so audio recording should never be done.

Most people mistake what their rights to privacy are within an OC.

Who gets to access the footage and how it is managed, is a matter for the committee and how they want to manage that. The privacy act applies in virtually no OC (unless it has a turnover of $3m or more) so there isn’t an issue there either. It would be expected that at least one or two committee members would have access in their role as committee members. Expecting it to be done only via a security company is a bit extreme, expensive and unnecessary.

If you don’t like it, get on the committee and get other owners on board to ‘get the numbers’ to put a different policy in place. However, assuming no audio recording is being done, everything you have stated is perfectly fine and has no privacy issues. It is quite normal. If you are a tenant, you don’t get a vote as you aren’t an owner. That may sound harsh, but that’s the rules. You don’t have any ownership of common property and how it is managed.

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