The law doesn’t care if you’re a tortured artist, a bored parent, or a casting producer hopped up on cold brew and desperation - once you hit that shutter, you’re playing a high-stakes game of “Is this legal or merely Australian?”
Photography in Australia is a strange, shimmering beast: half-freedom, half-minefield, all sunburn. Think of this guide as the survival manual for navigating it—your compass, your shield, your legal esky.
Photographers' rights in Australia
Before taking or using photographs in Australia, consider:
Are you in a public place (street, park, beach) or on private property (shopping centre, private club, venue)?
If on private property: do you have permission from the landowner/venue owner to photograph?
Are the people in the photo identifiable, and will the photo be used for a commercial purpose (e.g., advertising, endorsement)?
Does the photo depict any person in a private act (undressing, showering, in a change-room, etc.) where they have a “reasonable expectation of privacy”?
Are you using the image for commercial use (advertising, selling, endorsing) or purely for editorial/personal use?
Is the photograph being taken, or will it be used, in a way that is indecent, or targets children in a questionable way?
Do you own or have rights to copyright, or have releases (model release, property release) if needed?
Are there venue or event-specific rules (for example at sporting venues, private events) that restrict photography?
If posting online or using for business, check that you’re not breaching the federal Privacy Act 1988 (for large organisations) or state surveillance/recording laws. (OAIC)
State-by-State Summary (Australia)
Here are how things vary (in broad terms) across states/territories. Note: Always check the current local laws for each jurisdiction.
New South Wales (NSW)
Generally you may photograph people in public places without their consent — there’s no general tort of invasion of privacy in NSW. (Arts Law Centre of Australia)
On private property you need permission. If you are on private land without permission, you may face trespass or other actions. (warlowslegal.com.au)
There are specific criminal offences relating to filming for indecent purposes, voyeurism etc. (privacy.org.au)
Queensland
Similar principles: photography in public is broadly permitted; special laws address “observations or visual recordings in breach of privacy”. (privacy.org.au)
Private property rights apply.
Victoria, Western Australia, South Australia, Tasmania, ACT, NT
All have broadly similar frameworks: no general right to privacy prevents someone from photographing you in a public place. (RP Emery and Assoc Legal Template Kits)
Private land = owner control.
Some surveillance/special camera laws apply (especially for “private acts” or changing‐rooms etc).
Key differences & things to watch
Commercial use: Even if you can take a photo in public, if you want to use it commercially (advertising, product endorsements etc) then you may need express consent (a model release) from the identifiable persons. (Arts Law Centre of Australia)
Copyright vs photography rights: The person who takes the photograph generally owns the copyright under the Copyright Act 1968 (Cth). (Shared Moments Photography)
Venue/event rules: Some venues (even “public” in appearance) are private property or have permissions that restrict photography (e.g., sports stadiums, clubs). (Arts Law Centre of Australia)
Children and sensitive contexts: While photographing children in public is not automatically banned, extra care is needed (especially for commercial use or at private venues/events).
From public land onto private property: If you are on a public place and photograph into private property (the property is visible from public), generally this is allowed. (warlowslegal.com.au)
Technology/online use: Posting online, sharing or distributing images may trigger additional privacy/defamation/use issues (especially if a large organisation uses them). (OAIC)