Security Camera and CCTV Laws in Queensland

Queensland is the one state among New South Wales, Victoria and Queensland with no video surveillance law at all. A home security camera's footage sits almost entirely outside the Invasion of Privacy Act 1971 (Qld); its microphone is a very different story.

Information last verified on 22 July 2026 against the consolidated Invasion of Privacy Act 1971 (Qld) text on legislation.qld.gov.au. This article has not yet been reviewed by a licensed lawyer.

Jurisdiction scope: This article addresses home and small-business security cameras under the Invasion of Privacy Act 1971 (Qld), the Criminal Code 1899 (Qld) and the federal Privacy Act 1988 (Cth). It does not address commercial or law-enforcement CCTV, or the security camera laws of other Australian states; for a national comparison, see CCTV and home security camera laws in Australia.

Queensland Has No Video Surveillance Law At All

Unlike New South Wales and Victoria, which each regulate optical surveillance devices under their own dedicated provision, the Invasion of Privacy Act 1971 (Qld) does not address video or visual surveillance in any general way. It is, in substance, a listening-devices Act, and nothing in it stops a home security camera from recording video of a yard, a driveway, a footpath or, in most circumstances, a neighbour's property. This is a materially different starting point from the other two states in this comparison.

So What Actually Stops Someone Filming You?

Two narrower tools apply where video crosses a genuine line, but neither is a general privacy statute for cameras. The Criminal Code 1899 (Qld) contains voyeurism-type offences at s 227A, targeting observing or recording a person in circumstances such as a state of undress, using a toilet, or engaged in a private act, generally where the person had a reasonable expectation of privacy for that specific activity. Separately, the federal statutory tort for serious invasions of privacy, part of Schedule 2 to the Privacy Act 1988 (Cth) and in force since 10 June 2025, provides a civil action, without proof of damage, for a serious, intentional or reckless invasion of privacy. Ordinary security-camera footage of a yard or street is unlikely to meet either bar; both are aimed at genuinely intrusive filming, not routine outdoor CCTV.

The Real Risk Is the Microphone

While Queensland has no video offence, it has a fully applicable listening-device offence. Section 43(1) of the Invasion of Privacy Act 1971 (Qld) prohibits using a listening device, which includes a microphone built into a camera or video doorbell, to overhear, record, monitor or listen to a private conversation the device's owner is not a party to. A camera positioned near a footpath or shared boundary that happens to pick up a conversation between two other people can fall within this offence even though the video from the same device is entirely unregulated. Queensland's definition of "private conversation" does exclude circumstances where a party ought reasonably expect their words might be overheard, recorded, monitored or listened to by someone else, which can be relevant to conversations held in public, but whether that exclusion applies depends on the specific circumstances and cannot be assumed for every outdoor conversation.

Sharing Footage or Audio Online

Section 44 makes it an offence to publish a conversation obtained in contravention of s 43, and s 45 separately addresses a party who lawfully recorded a conversation and then discloses it, subject to exceptions including consent of the other parties, legal proceedings, or a disclosure reasonably necessary in the public interest, in the course of duty, or for self-protection. These publication rules apply to the audio captured by a security camera in the same way they apply to any other recorded conversation; they have no video equivalent, because the underlying recording offence for video does not exist in Queensland.

Does the Privacy Act Apply to My Home Camera?

Generally not directly. The Privacy Act 1988 (Cth) and its Australian Privacy Principles generally do not cover a security camera run by an individual in a private, non-business capacity. The federal statutory tort discussed above does apply to individuals, and in Queensland's case it is a more significant part of the picture than in states with a general optical-surveillance offence, since it is one of only two mechanisms, alongside the narrow Criminal Code provisions, that can reach video at all.

What to Do About a Neighbour's Camera

Some local councils apply planning requirements to security camera installations in certain circumstances, so a council enquiry can be worthwhile. Beyond that, speaking directly with the neighbour is the recommended starting point before pursuing a formal complaint.

This article provides general legal information about security camera and CCTV law in Queensland. It is not legal advice and does not take into account your specific circumstances. For advice about a particular camera installation or dispute, consult a legal practitioner admitted in the relevant Australian state or territory.