Photographing people in public places

South AustraliaNo general restriction, and the specific ones that remain

The Law Handbook explains that, under South Australia’s Surveillance Devices Act 2016, private activity cannot occur in public, so there are no general restrictions in South Australia on taking photos or film in a public place, or from one. For that Act, the Handbook says, section 3 counts as a public place:

• a place the public may enter freely, with the owner’s or occupier’s express or implied consent
• a place the public may enter only by paying
• a road, street, footway, court, alley or thoroughfare open to public use.

Specific restrictions may still apply. The Handbook’s examples: a photo must not be indecent (it names “up skirt” photos), must not show a child in a provocative or sexual way, must not feature anything a court order protects, such as child custody or witness protection, and must not be defamatory or used for commercial purposes.

A public place can also set its own terms. Where entry is conditional on no photos or filming, taking them breaches that condition, though the Handbook notes it is not a breach of the Surveillance Devices Act. In the other direction, nothing stops a person photographing or filming private property from a public place outside it.

Two South Australian publishing offences

Section 48F of the Health Care Act 2008 (SA) makes it an offence to publish or share a recording that identifies, or is likely to identify, someone going to, into or out of premises where abortions are lawfully performed, and the rule takes in public areas within 150 metres of those premises, as the Handbook page stood when last revised on 18 December 2020. Publishing information that identifies, or tends to identify, a person who sought a termination under the Termination of Pregnancy Act 2021 (SA) is also an offence.

The microphone, not the lens

The Handbook says to make sure a device is not recording a private conversation without consent, and points out that a private conversation, unlike private activity, can happen in a public place when the circumstances suggest at least one person would not reasonably expect to be overheard by anyone beyond those present.

CommonwealthWhen a photo is personal information

The OAIC’s guidance for organisations starts with the image itself:

“Images of individuals in photographs or video (images) are treated as personal information under the Privacy Act 1988 where the person’s identity is clear or can reasonably be worked out from that image.”

OAIC, Posting photos and videos

Whether the Act applies depends on who holds the camera. The OAIC says the Privacy Act covers organisations operating in Australia with an annual turnover of more than $3 million, and some other organisations (as the OAIC’s page stood on 8 October 2026). It does not apply to a photo or video taken by someone acting in a personal capacity, because it does not cover individuals.

For an organisation the Act does cover, the OAIC’s guidance says:

• it may collect images of identifiable people only if that is reasonably necessary for one of its functions or activities
• it says: “Consent is not required to collect image of identifiable individuals unless the image records sensitive information about the individual.”
• using a picture for something the person was not told about will probably need their consent, unless they would reasonably expect that use
• as good practice, it suggests seeking express consent after explaining what the picture will be used for and who will see it.

The OAIC also notes an exemption for journalism: a media organisation that has publicly committed to a published privacy standard falls outside the Act for that work. And on its page for the public it adds: “In some situations, there may be state or territory laws that prevent someone photographing your private activities without your consent.”

South Australia’s Law Handbook, explaining the Commonwealth law, adds that from 10 June 2025 a person can sue another for a serious invasion of privacy under Schedule 2 of the Privacy Act 1988 (Cth). Intruding on someone’s seclusion can include watching or recording their private activities; the Handbook’s example is spying on or filming someone in their own home.

Western Australia, sport and recreationPublic ground and private ground

The WA department’s guidance was written for sport and recreation. It says the rules for photographing and filming people on private property differ from those on public property.

Free entry does not make a place public for photography, the department warns. Its examples of places treated as private property, even where a government owns them, include shopping malls, schools, hospitals, music venues, nursing homes, sports arenas and child care services. The owner of private property may restrict or ban photography anywhere on the venue, or require permission for it.

When a local government agrees to give a sports organisation control of a beach or park, that organisation can control photographers’ access to the area, though photos may still be possible from publicly accessible spots overlooking it.

Next framesBeyond people in public

Photographing children brings screening rules in Queensland and Victoria, set out in children and photos. Public land has its own permits too: NSW national parks need approval for commercial photography, and Parks Victoria asks for a permit when the work is a trade or business; see photos in national parks, or go back to why purpose decides most of it on the cover page.