Surveillance Devices Regulation 2022

This Regulation is the Surveillance Devices Regulation 2022.

This Regulation commences on 1 September 2022.

Note—

This Regulation replaces the Surveillance Devices Regulation 2014, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

In this Regulation—

the Act means the Surveillance Devices Act 2007.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

For the Act, section 4(1), definition of corresponding law, the following laws of other jurisdictions are declared to be corresponding laws—

the Surveillance Devices Act 2007 of the Northern Territory,

the Police Powers and Responsibilities Act 2000 of Queensland, Chapter 13,

the Police Powers (Surveillance Devices) Act 2006 of Tasmania,

the Surveillance Devices Act 1999 of Victoria,

the Crimes (Surveillance Devices) Act 2010 of the Australian Capital Territory.

For the Act, section 40(4A)(c), the information obtained from the use of body-worn video by a police officer may also be used for the following purposes—

coronial proceedings under the Coroners Act 2009,

administrative decisions made under an Act administered by the Minister for Police and Emergency Services,

proceedings of a court or tribunal in which the NSW Police Force or the State is a party or in which a member of the NSW Police Force is called as a witness,

investigations of a complaint against, or the conduct of, a member of the NSW Police Force,

investigations of an alleged workplace injury to a member of the NSW Police Force,

a media production including, for example, a television, radio or internet broadcast, but only if—

the body-worn video from which the information is obtained is provided particularly for the purposes of the media production, and

the NSW Police Force has approved all content to be used in the media production, and

the use of the information is otherwise lawful and does not breach guidelines issued by the Commissioner of Police for the purposes of this subsection.

In this section—

use of information includes publication and communication of the information.

The Attorney General may delegate a function of the Attorney General under the Act, Part 3 or 5 to a person who is—

an Australian legal practitioner, and

employed in the department in which the Act is administered as—

a Public Service senior executive, or

a legal officer grade 6 or clerk grade 11 or 12 in the legal branch, however described, of the department.

In this section—

Public Service senior executive has the same meaning as in the Government Sector Employment Act 2013.

This section applies to a private conversation, a record or report of a private conversation or a record or report of the carrying on of an activity that is obtained by the use of a surveillance device in contravention of the Act, Part 2 by a person other than ICAC (relevant material).

ICAC is exempt from the Act, Part 2 in relation to ICAC obtaining, possessing, publishing or communicating relevant material in accordance with the Independent Commission Against Corruption Act 1988.

If ICAC relies on the exemption in subsection (2) in the course of an investigation under the Independent Commission Against Corruption Act 1988, any report relating to the investigation prepared by ICAC under that Act, section 74 must include a statement to that effect.

This section is repealed at the end of 31 December 2026.

In this section—

ICAC means the Independent Commission Against Corruption and includes an officer of the Commission.

Note—

The Surveillance Devices Amendment (ICAC) Regulation 2026 amended subsection (4) by replacing “30 June 2026” with “31 December 2026”. The Act, section 59(3) provides that the amendment takes effect on and from the expiry of the period during which either House of Parliament may, under the Interpretation Act 1987, section 41, disallow the regulation.

A sheriff’s officer is exempt from the Act, sections 7 and 8, in relation to the installation, use and maintenance of a body-worn recording device if—

the officer uses the device while acting in the execution of the officer’s duty, and

the device is prominently attached to the officer’s uniform, and

at least one of the following apply to the use of the device by the officer—

before making a recording, the officer made a reasonable attempt to ensure the person likely to be recorded by the device was aware the device was capable of recording images or sound, or both,

in the opinion of the officer, there is a significant risk of harm to the officer or another person,

the recording of images or sound, or both, by the device is inadvertent or unexpected.

In this section—

body-worn recording device means a listening device or optical surveillance device, or both, worn on a person.

sheriff’s officer has the same meaning as in the Sheriff Act 2005.

This section is repealed at the end of 30 November 2026.

A SafeWork inspector is exempt from the Act, sections 7 and 8, in relation to the installation, use and maintenance of a body-worn recording device if—

the inspector uses the device while acting in accordance with the inspector’s powers under the Work Health and Safety Act 2011, and

the device is prominently attached to the inspector’s clothing, and

at least one of the following apply to the use of the device by the inspector—

before making a recording, the inspector made a reasonable attempt to ensure the person likely to be recorded by the device was aware the device was capable of recording images or sound, or both,

in the inspector’s opinion, there is a significant risk of harm to the inspector or another person,

the recording of images or sound, or both, by the device is inadvertent or unexpected.

In this section—

body-worn recording device means a listening device or optical surveillance device, or both, worn on a person.

SafeWork inspector means a person who is appointed as—

an inspector under the Work Health and Safety Act 2011, section 156, or

an inspector under the Explosives Act 2003, section 25, while exercising powers under the provisions of the Work Health and Safety Act 2011 applied by the Explosives Act 2003, section 27.

This section is repealed at the end of 31 August 2027.

Note—

The Act, section 59(3) provides that this section, as inserted by the Surveillance Devices Amendment (Body-Worn Video) Regulation 2024, takes effect on and from the expiry of the period during which either House of Parliament may, under the Interpretation Act 1987, section 41, disallow the regulation.

Editorial note—

This clause commences on 27 May 2025.

An act, matter or thing that, immediately before the repeal of the Surveillance Devices Regulation 2014, had effect under the Regulation continues to have effect under this Regulation.

Despite the repeal of the Surveillance Devices Regulation 2014, repealed clause 5 continues in effect until the commencement of this Regulation, section 6.

Note—

The Act, section 59(3), provides that this Regulation, section 6, takes effect on and from the expiry of the period during which either House of Parliament may, under the Interpretation Act 1987, section 41, disallow this Regulation.

In this section—

repealed clause 5 means clause 5 of the Surveillance Devices Regulation 2014 as in force before the repeal of that Regulation.