Audio is the one that catches people out
Section 7 of the Surveillance Devices Act 2007 makes it an offence to knowingly use a listening device to overhear or record a private conversation you are not a party to, and also to record one you are a party to, unless every party consents or the recording is reasonably necessary to protect your lawful interests. The maximum for an individual is 100 penalty units, currently $11,000, or five years imprisonment, or both, and 500 penalty units for a company.
Most consumer cameras record audio by default, and one near a front fence or a shared path picks up talk that has nothing to do with you. Not all of it counts as a private conversation, since the Act excludes talk the speakers ought reasonably to expect might be overheard, but that is a thin thing to rely on.
Turn audio off unless you have a specific reason for it. It is a menu item. It does not make the video side risk-free: section 8 carries the same maximum, and section 11 penalises publishing footage obtained in breach of the Act.
Pointing is not the offence. Installing can be
Section 8 of the same Act is about how the camera got there, not what it can see. It bites where installing the device involved entering someone's premises, or interfering with their vehicle, without consent. A camera on your own wall, on your own land, is not caught by it, even where the view takes in the footpath or part of a neighbour's yard.
A camera you fix to a shared fence, a neighbour's wall or strata common property is a different matter entirely. So is what you point it at: deliberately filming into a bathroom or bedroom can engage sections 91K, 91L and 547C of the Crimes Act 1900, and sustained camera-watching of a neighbour can amount to stalking or intimidation and support an apprehended personal violence order.
Since June 2025 a neighbour can sue
A statutory tort of serious invasion of privacy, in Schedule 2 to the Privacy Act 1988, commenced on 10 June 2025. It covers intrusion upon seclusion as well as misuse of information, and an individual can sue an individual or a business, which is how it reaches a domestic camera when the older privacy laws never did. It is not a low bar: the invasion has to be intentional or reckless and serious, and the court weighs privacy against public interests that expressly include crime prevention.
The practical response is aim and mask: point cameras at your own entry points, and use the privacy masking built into most recorders to black out a neighbour's windows and private yard. Five minutes at commissioning.
Staff change the rules completely
If the premises are a workplace, the Workplace Surveillance Act 2005 applies. Camera surveillance of employees needs at least 14 days written notice, setting out the kind of surveillance, how it will be done, when it starts, whether it is continuous or intermittent, and whether it is ongoing or for a set period. An employee can agree to less, and anyone starting after the cameras are running needs notice before their first day. Cameras have to be clearly visible, with signs at every entrance to the place being watched.
Covert surveillance of staff needs an authority from a Magistrate. This is the actual source of the signage rule people repeat about homes, and it is a workplace rule.
In strata, common property is not yours to drill
Fixing cameras and cabling to external walls, lobbies or car parks alters common property, which needs a special resolution of the owners corporation under section 108 of the Strata Schemes Management Act 2015. The resolution has to say who maintains the equipment, and if that is the lot owner the scheme must get their written consent and make a by-law. NCAT has ordered a lot owner's cameras removed from common property.
A camera wholly inside your own lot avoids that. Anything past the threshold is a scheme decision, and our strata electrical page covers that side of it.