5Children and photos
Photographing children: blue cards, checks and consent
In Queensland, a photographer needs a blue card to take newborn photos, to mainly take photos of children, or to photograph children’s performances, competitions, pageants or promotional shoots in organised programs, but not to take wedding photos. In Victoria, “Commercial photography services for children unless they are merely incidental to or in support of other business activities” is listed as child-related work that needs a Working with Children Check.
This is general information, not advice on any shoot or on whether a card or check applies to you. The official places to check are Queensland’s Blue Card Services, Working with Children Check Victoria and the OAIC. Only Queensland’s and Victoria’s screening pages are drawn on here; other states and territories are not covered. Sources are listed at the foot of this page.
Two states, side by sideWho needs a card or a check
Queensland’s page opens with a general rule for entertainment, beauty and photography work, which includes anyone who provides “photography services mainly directed towards children.” Victoria’s page lists the services and places of work that count as child-related work. Their photography entries sit side by side here:
| Question | Queensland: blue card | Victoria: Working with Children Check |
|---|---|---|
| Photography that needs it | “take newborn photos”, “mainly take photos of children”, “take photos at children’s performances, competitions or pageants”, “take promotional photos of children in organised programs” | “Commercial photography services for children unless they are merely incidental to or in support of other business activities (34)” |
| Photography that does not | “take wedding photos”, “do not mainly take photos of children” | “If you don’t identify with any of the services or places listed in the categories below, you’re not doing child-related work. That means you don’t need a Check.” |
| Also on each page | “This includes workers, volunteers, business owners and operators.” | “However, if your organisation has told you to get a Check, you will still need to get one.” |
The (34) after Victoria’s entry is the code the state’s list gives that category.
Queensland’s rule for the business itself
Queensland also lists what a photography business needs. “You need a blue card if your business:”
- “provides newborn photography”
- “mainly provides photography services for children.”
“You do not need a blue card if your business only:”
- “provides food or drinks”
- “provides catering equipment”
- “provides wedding photography”
- “provides lighting, sound or equipment.”
Commonwealth · the OAICChildren’s images under the Privacy Act
For organisations the Privacy Act covers, the OAIC’s guidance on photos says: “The Privacy Act protects the personal information of both adults and children alike. Organisations are strongly encouraged to use particular care in the handling the images and other personal information of children.” On explaining a photo to a child, it adds: “Depending on the age and ability of the child to understand your explanation about what is going to happen with their picture and to make a truly informed choice, you should discuss these things with their parent or guardian first.” Which organisations the Act covers is set out in photographing people in public.
What families are told · eSafety CommissionerThe advice parents read
The eSafety Commissioner’s page on privacy and children is written for parents, not photographers, but it shows what the families at a shoot are being asked to weigh:
- “Sharing photos and videos online can reveal a range of personally identifying information, so be careful what you share about children.”
- “Avoid adding comments to photos or videos that identify locations, for example street addresses, or the name of your child’s school.”
- “At school or club events, the organisation should be able to provide details of their social media policy or photography/recording policy.”
- “In public places, it’s generally OK to take a photo or video unless you do so in a way that is offensive or creates a nuisance for those around you.”
- “When an event takes place at a private place, people can enforce rules about photography and videos, so you should consider asking for consent before taking photos and videos.”
- “Always check with other parents before posting, sharing or tagging images or videos that include their children.”
- “Most digital photos and videos contain hidden information about the time, date and GPS coordinates of where the photo or video was taken.”
Western Australia · sport and recreationClubs and events can set their own rules
Western Australia’s Department of Creative Industries, Tourism and Sport recognises that photographing and filming children in sport and recreation is usually done appropriately and for good reason, while noting that inappropriate photography does happen and puts children at risk. Its guidance, written for that setting, says:
- sport and recreation organisations may set their own rules to protect their participants’ privacy and safety
- it is courteous for those organisations to ask permission before photographing or filming participants for promotional use, perhaps as part of signing up members
- where someone seems to be photographing, filming or sharing images inappropriately, it advises alerting event security or organisers, the club or sporting association, the social media platform or WA Police straight away.
The same department lists schools and child care services among places that count as private property for photography, even when a government owns them. The Copyright Act says: “private or domestic purpose includes a portrait of family members, a wedding party or children”, and who owns such a photo when it is commissioned is set out in who owns a commissioned photo. The cover page holds all five frames.