AustraliaCan a neighbor's CCTV camera violate my privacy rights in Australia?
Yes — if a neighbour's CCTV records you in private areas (e.g., your backyard or bedroom), it may breach state surveillance laws or the federal Privacy Act where applicable.
What the Law Says
Australian privacy law applies differently depending on whether the CCTV operator is an individual, small business, or organisation — and where the recording occurs.
In most Australian states and territories, surveillance device laws prohibit recording 'private conversations' or filming in 'private activities' without consent. For example, the Surveillance Devices Act 2007 (NSW) defines a 'private activity' as one carried out in circumstances where a person may reasonably expect not to be observed — such as in a backyard, bathroom, or bedroom.
The federal Privacy Act 1988 generally does not apply to individuals acting in a personal capacity — meaning a neighbour filming purely for domestic purposes usually falls outside its scope. However, if the footage is shared online, used commercially, or collected by a strata body or property manager, the Act may apply.
Tasmania, WA, and SA have similar surveillance laws with comparable definitions of privacy expectations. In Victoria, the Surveillance Devices Act 1999 (Vic) prohibits visual recording of a person in a 'private place' without consent, where 'private place' includes any area not ordinarily visible to the public — including parts of your yard visible only from a neighbour’s elevated camera.
Statutory TextA person must not install, use or maintain a visual surveillance device to record visually a private activity carried on in a private place without the express or implied consent of each party to the activity.
— Surveillance Devices Act 2007 (NSW), s 8(1)(b)
What to Do
Politely speak with your neighbour — explain which areas are being recorded and why it concerns you.
Request in writing that they reposition or disable the camera’s view of your private areas (keep a copy of the letter).
Contact your local police if the camera clearly captures private activities — unlawful surveillance is a criminal offence in all states.
Lodge a complaint with the Office of the Australian Information Commissioner (OAIC) if the footage is mishandled by a body covered by the Privacy Act (e.g., strata committee).
As a last resort, apply to your state’s civil tribunal (e.g., NCAT in NSW or VCAT in Victoria) for an order to stop the surveillance or remove footage.
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-11.