VIC: Q&A Developing a CCTV Policy for Your Apartment Building

This article is about developing a CCTV policy for your Victorian apartment building.

Question: Our committee wants CCTV cameras in common areas, including the pool and gymnasium. What if residents disagree?

Our owners corporation committee (OCC) wants CCTV cameras in our common areas, including the pool and gymnasium. I’m very supportive of additional security measures outside the building. Everyone should feel safe in their home. However, I find this an extreme measure that will impact owners’ enjoyment. Residents have not been consulted on the placement of cameras, and no policies have been circulated.

Can the OCC do this? Should the committee develop a CCTV policy for our apartment building? How can residents approach this matter with the OCC?

Answer: With CCTV on the rise, prudent owners corporations establish and communicate a clear policy for CCTV usage.

Presently, the Owners Corporations Act 2006 is silent on the specific issue of CCTV installation and leaves such decisions to the discretion of the owners corporation. Whether its installation requires an ordinary or special resolution will turn on whether the installation qualifies as a ‘significant alteration’ for the purposes of Section 52 of the OC Act, which is defined as ‘a significant alteration to the use or appearance of the common property’.

The Surveillance Devices Act 1999 (Vic) prohibits the use of surveillance devices to record private activities without express or implied consent. A ‘private activity’ is defined as one conducted in circumstances where the participants reasonably expect privacy.

However, activities in areas like pools and gyms, which are shared common spaces, may not qualify as ‘private activities’ if individuals reasonably expect observation. For example, other users of the pool or gym might naturally observe others present.

Depending on how the claim is framed, there is a possibility that not all CCTV disputes will qualify as’ owners corporation disputes’ within VCAT’s jurisdiction. In Exell v Hammond (Owners Corporations) [2015] VCAT 171, the Tribunal expressed concerns about its jurisdiction over claims involving the Surveillance Devices Act 1999 and the Privacy Act 1988. However, since the application in that case was limited to seeking the removal of cameras under the OC Act and did not directly pursue other orders, the jurisdictional issue was avoided.

With CCTV on the rise, prudent owners corporations establish and communicate a clear policy for CCTV usage which addresses some or all of the following:

• The purpose of the CCTV system and how it aligns with the needs of the owners corporation, be it enhancing security or monitoring common areas.
• Compliance with relevant laws and regulations in Victoria, including the Surveillance Devices Act 1999 and the Privacy and Data Protection Act 2014.
• Consideration of privacy concerns and the appropriate placement of cameras.
• How individuals will be notified about the presence of CCTV, eg signage.
• Management of footage, including access, retention periods, and security measures.
• The circumstances under which footage may be disclosed to third parties.
• Maintenance of the system to ensure proper functioning and to prevent unauthorised access, alteration, or disclosure of footage.
• Processes for reviewing and updating the policy over time and to reflect any legislative changes.
• Training and guidance for those responsible for managing the system.

Owners corporations should also review their rules to ensure alignment.

CCTV is the next big issue in shared living and the law is still catching up. Although there is no legal requirement for resident consultation (subject to the passing of the relevant resolution) dialogue and transparency are at the forefront of a well managed owners corporation, particularly when balancing how to best prioritise safety without compromising the enjoyment of privacy in shared spaces.

Fabienne Loncar
Moray & Agnew Lawyers
E: floncar@moray.com.au
P: 03 8687 7319

This post appears in Strata News #727.

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