Surveillance and Privacy in Strata Properties

Think Twice Before Pointing a Camera at Your Neighbours

It's tempting — especially after a dispute or a break-in — to install security cameras around your unit. But in South Australia, doing this without care can land you in serious legal trouble, even on your own property.

The Surveillance Devices Act 2017 (SA) makes it an offence to use cameras, phones, or other recording devices to observe private activity without the consent of the people being observed. The law applies regardless of who owns the land the device is installed on.

What the Law Covers

The Act covers four categories of surveillance device:

• Optical devices — cameras, phones, binoculars, or anything used to visually observe or record people
• Listening devices — devices used to record or listen in on private conversations
• Tracking devices — devices used to monitor someone's location or movements
• Data surveillance devices — devices used to access or record data from someone's computer or network

If your camera captures what's happening inside a neighbouring unit, in someone's private courtyard, or in another area where a person reasonably expects privacy — even if that area is technically common property — you may be committing an offence.

The Penalties Are Serious

Unauthorised surveillance under the Act can result in:

• A fine of up to $15,000 and three years' imprisonment for an individual
• A fine of up to $75,000 for a body corporate

These aren't just theoretical figures. South Australian courts have already dealt with strata-related surveillance cases.

A Real Example

In one case, an owner installed cameras that faced the common driveway and adjacent units. Despite the owner's claim that the cameras were for personal security, the court found they captured private activity belonging to other residents. The court ordered the cameras to be removed and, given the breakdown in relations, went further and appointed an administrator to manage the corporation.

The lesson: good intentions don't protect you from the law.

Exemptions

The Act does include limited exemptions. Surveillance that would otherwise be unlawful may be permitted where it is carried out by:

• Police or other law enforcement agencies under lawful authority
• A court or judicial body
• A person acting in a way that is reasonably necessary in the public interest

These exemptions are narrow and do not apply to ordinary owners wanting to monitor their neighbours or shared spaces.

Best Practice for Installing Security Cameras

If you want to install a security camera at your unit, follow these steps to stay on the right side of the law and your neighbours:

1. Read the Legal Services Commission guidance. The Law Handbook at lawhandbook.sa.gov.au has clear, free advice on surveillance law in South Australia.
2. Talk to adjacent owners before you install anything. Letting your neighbours know in advance — and getting their agreement where your camera may capture their space — is both courteous and prudent.
3. Point cameras at your own lot only. Ensure your camera covers your own unit, your own courtyard, and your own entry — not the windows, courtyards, or driveways of other lots.
4. Review camera angles after installation. Check the actual field of view, not just where you've aimed the camera. Wide-angle lenses can capture a lot more than expected.
5. Seek corporation approval if you want cameras on common property. Any surveillance of common areas should be a decision made by the full corporation, not an individual owner acting unilaterally.

If You're a Committee Member or Manager

If an owner in your corporation installs cameras that appear to be capturing neighbours' private activity, take it seriously. Issue a written request to remove or reposition the device. If the owner refuses, the corporation has grounds to seek a court order — and waiting too long to act can create its own problems.

Questions?

If you're unsure whether a camera installation complies with the Surveillance Devices Act, get legal advice before you install. The Legal Services Commission of South Australia offers free and low-cost advice — visit lsc.sa.gov.au. You're also welcome to get in touch with Acacia Collective to discuss how this applies to your corporation.