“I find the concept of what you CAN and CANNOT photograph in Australia interesting. A lot of people have a misconception that you are not allowed to take a photograph of someone without their permission. This is not true (in general terms). Read my summary below, and visit the website I sourced this from for heaps of detail” – Ben

Photographer

[please note, I cannot vouch for this legal information to be 100% accurate, if in doubt I would contact a lawyer etc to work out any legal matters you might be having]

Summary of Photography Law in NSW;

• You are allowed to take photos of anyone* you want in public places (*see Illegal Photography summary).
  • In Australia, you do not need to have someone’s consent to take a photo of them.
• There is no “Bill of Rights” in Australia, so you have no official “Right to privacy” (like in USA)
• There is no official “Freedom of Speech”, but there is an amplied freedom of speech due to certain court rulings on similar matters.
• There are certain areas that are illegal; Anti-Voyeurism, Defamation and Obscenity laws.
• People do not have the right to ever assault you, harass you or take away your photos (unless there are military/police/security concerns etc)
• Train stations – you are allowed to take photos on trains, but remember as long as you aren’t being a nuisance you should be ok.

Summary of Illegal Photography;

• Anti-Voyeurism Laws;
  • Basically it is illegal to photograph anyone with the intent of; “provide sexual arousal or gratification” (so that includes all you creeps).
  • Typically photos of people’s “private parts”
  • Any photos taken where there is “reasonable expect to be afforded privacy” (bathrooms, toilets, changing rooms etc)
  • Zoomed images of a persons private parts (think upskirting/down-blousing).
• Private Land;
  • When you walk onto someone’s private land you enter into a common law agreement with them.
    • You are allowed to take photographs from ‘outside’ their property however.
  • They are allowed to prohibit photography if they ask you to (then it becomes illegal for you to take photographs)
    • But, any photos you take up until that point are allowed (within reason)
    • This is where photography in grocery stores, malls etc becomes an issue.
• Assaulting Photographers;
  • Private land owners have the right to to use “reasonable force” to evict you from their property.
  • At no point can you; threaten violence against (assault), detain you at length (false imprisonment) or force you to delete your digital files (coercion);
    • Note: if you are in a restricted area, or taking photos of anything with security/military protection; those authorities have the right to delete your content.
• Assault by Police;
  • Whilst you don’t have a right to be assaulted by the police, remember to always be mindful of them.
  • Most police officers don’t mind having their photo taken (if asked nicely).
  • Police officers have broad powers to arrest people and you could find yourself at the business end of a “resist/hinder a police officers duties” or “suspect on reasonable grounds of committing an offence“. Just remember to use common sense when snapping photos.

Source: 4020.net “NSW Photo Rights”