Summary of the Arts Law Centre of Australia information sheet. General information only — not legal advice, and the law changes. Check the current sheet before relying on it.
In a public place
- You can generally photograph in a public place without asking permission — buildings, sites and people included. An Australian judge put it as: "a person, in our society, does not have a right not to be photographed."
- There are no publicity or personality rights in Australia, and no general right to privacy protecting a person's image.
- A person's image can still be "personal information" under the Privacy Act 1988 (Cth) — which affects businesses and agencies publishing images, more than the act of taking one.
- There is currently no tort of invasion of privacy in Australia, though the courts have left the door open.
When someone objects
Police are usually responding to a complaint — most often about children being photographed, and usually based on a mistaken belief that parental consent is required. Be ready to either acknowledge the concern and ask whether it's alright to photograph, or calmly explain what you're doing and why you're entitled to do it.
Private property
- Access needs the landowner's permission, and they can restrict photography however they like. Photographing after unauthorised entry is trespass; they may use reasonable force to remove you and can seek an injunction over the footage.
- Free public access does not make a place public. Schools, childcare, hospitals, nursing homes, shopping malls, sports arenas, music venues, and many markets (Paddy's, Queen Victoria) are private property even when council-owned.
- Museums, galleries and amusement parks may set photography policies on the same basis. Permission from the landowner is not permission from the copyright owner of artworks inside.
- Railway stations vary by state. Where the system is privatised (e.g. Victoria) photography may be prohibited; NSW does not prohibit it — but ask at the station master's office before setting up a tripod.
- From a public place onto private property is not restricted — there is no "freedom from view" if it can be seen from the street. Don't become a nuisance.
Restricted areas
- Defence installations — illegal to photograph under the Defence Act 1903. Gear can be confiscated and destroyed; even possessing a camera in a declared "prohibited area" can result in imprisonment. Watch for signage.
- Some public-looking areas are regulated: the Sydney Harbour Foreshore Authority prohibits commercial camera use without permission across Darling Harbour, Circular Quay, The Rocks and Luna Park.
- Crime scenes — police can declare a scene and direct you to leave or stay out. Outside the scene, and obeying lawful directions, photography is generally not prevented.
Police, obstruction and tripods
- As a general rule you don't have to give your name and address — with exceptions where police reasonably suspect a serious or arrestable offence (in NSW, LEPRA ss. 11–19). Know the powers in your own state.
- Resisting or hindering an officer is an offence in most states and territories.
- Failing to obey a lawful direction in a public place can be an offence; in NSW you have a right to be told why. If you doubt a direction is lawful, comply now and complain later.
- A tripod on a busy footpath is the classic obstruction risk — preventing free passage in a public place is an offence in NSW. Usually you'll be moved on first.
Using the pictures
- Commercial use (advertising and the like): get a signed model release.
- Publication can still be actionable — breach of the Privacy Act, images obtained by trespass, breach of a duty of confidence, or defamation (which can arise from the caption or context, not just the image).
- The Copyright Act 1968 (Cth) permits photographing and publishing buildings, models of buildings, sculptures and works of artistic craftsmanship in public without infringing copyright.
Source: Arts Law Centre of Australia, Street Photographer's Rights information sheet (© Arts Law Centre of Australia 2016).