Surveillance VIC - Legalities in The Use of CCTV Cameras & Opinion on Swann

So I have always thought of installing a set of security cameras around the outside of my house.

Also anyone installed the Swann and this model below. Thoughts. Is it better to get the 5Mg Pixel Camera than the 2Mg for the extra money?

https://www.thegoodguys.com.au/swann-1tb-full-hd-8-camera-cc...

Its now come to a head as a Builder is building next door, so I want to have an eye on things occurring along our fence line. This also capturing ppl coming to the front of the house and the other side.

Does anyone know whether there is an issue in terms of privacy to have the cameras pointing at the adjoining property during construction or
even issue just having some point out to the street. A lot of my neighbours have been wanting my footing for themselves thinking the dummy camera was real. Not that I want to be the person that monitors the street, but generally it may stop theft around the area or assist other as I say.

Thanking in advance.

UPDATE 16-02-2020: Thanks all for your comments do far.
We spoke to our Builder/Developer and he is addressing our concerns. They still want to demo fence tomorrow and put up a temp fence for 5 days and then a new paling fence will be constructed. We are waiting on written confirmation of that today. He is paying for the new fence. They are saying they will stake the temp wire fence properly. We don't think that is enough, due to wind. If there is damage to our house from it falling then we will take action as required. He's also going to put up plastic for privacy. Seems satisfactory if they meet the timelines of putting the temp fence up straight away and new fence in 5days.

What do guys think?

UPDATE 17-02-2020:
Fence was taken down. Only half the boundary has a temporary fence. Not happy. Been advised that a new pailing will be installed by end of week. Steel retaining posts were also installed today. The section not fence cuts away and is a OHS issue. We have emailed the builder. If they don't put the rest up tomorrow we may have to call Council. We are hesitant at this stage as we want the paling fence up ASAP as he is paying for it. Catch for us, just wish they had made the section safe. Some of our retaining posts are now exposed. Its going to rain tomorrow.

Comments

  •  

    I know that in Victoria it is legal to use cameras to Protect your property and fence line if it’s a home/private residence, but If there are young kids on that adjoining property that your cameras face into then the parents can make claims that you are filming their kids and then things escalate.

    •  

      Fully appreciate that. The side cameras to the construction site we will take down or redirect to another angle, so that it wont invade privacy.

  • +1 vote

    It is not unlawful to covertly record someone in Victoria as long as you are a party to the conversation.

    Security camera recording hinges on whether the other party would have a reasonable expectation of privacy. There is no expectation of privacy for someone in their back yard. If you had a camera facing into their bathroom it would be a different matter. If the camera is fixed and not following the children around then the hypothetical parents would probably not be able to do anything about it.

    •  

      Are you sure that is correct " There is no expectation of privacy for someone in their backyard". Certainly if I have kids in the backyard running around in the nik no one should be allowed to even look into my yard.

      • +1 vote

        IANAL but what I have said is true for NSW. My neighbour runs a nudist caravan park and has tried a number of times to have my cameras removed - unsuccessfully. It is my belief that this is the same throughout Australia. If you want a definitive answer for Victoria then you must contact a lawyer there.

        You could also call the police on the non emergency number and tell them you are worried about a neighbours security cameras looking into your back yard and see how much they don't care about it…

        •  

          Are your cameras filming over your boundary line into the caravan park? If so, what is your reason for that?

          •  

            @exulted: I have an AVO on the neighbour who has previously maliciously damaged my property. The AVO has a condition that they are not to approach within 5M of the boundary, and they have previously breached this AVO on a number of occasions.

            •  

              @iratepirate: Maybe though given the type of caravan park next door you should really just point the cameras to the fence line and not over the fence. Personally that is a bit of invasion of personal private space.

              •  

                @Dedbny: I don't really care about their feelings. The caravan park is an illegal development and has no planning permission. It doesn't even follow basic fire safety requirements, but because he has mates that go to his church on the shire council they refuse to shut him down.

  •  

    Won't your fence block what's going on next door? Wait. What?

    •  

      No as the cameras will be see over the fence as we are built up higher. We can look out the window and see the site as it is currently.

      •  

        Isn't the fence gone?

        •  

          Not yet. We are waiting on the builder to call back, so we can negotiate what this temp fence is. If were not happy, the existing fence will still be up. The latest was they wanted to pull it down this coming Monday. We then said then you better clarify what you are providing and how its being done etc.

          If there's no fence its even more important for me to get cameras up. Thieves could come from next door and just rand sack our home.

  • +1 vote

    Install cameras that cover your property. ie: Don’t point them into your neighbor’s back yard. Or have them in bathrooms and toilets
    Put up warning signs that the area is covered by surveillance cams.
    Don’t record audio unless you are party to it or you have signs up warning that audio and visual surveillance is being conducted.
    If you have to point them in the direction of a neighbour’s house, angle them in such a way as they do not record anything that is not normally visible. ie: Roof, ok, their pool, not ok.
    Do not disseminate any video footage to anyone, no matter how much they ask. Showing anyone that is not entitled to be looking at the footage could land you in the poop.

    •  

      Our house is higher. So angling the cameras to side path will likely still capture some of next door. In any event if we stick a camera point down our side path you would think that is not within your rights to do. We have a side door there, so for security we would want to know if someone is trying to get through there. Also to see if anyone is climbing or damaging fence.

      • +1 vote

        Have it wall mounted so the camera is lower. If you're still too high, consider a hedge or higher fence.

        Better still, ask if your neighbour is okay with the security camera benefitting them. Vice versa, extend an invitation to have them install some cameras that would benefit you.

        Turn that negative upside down…ative.

  •  

    Don't point it at the neighbour's toilet.

    Either way, have fun.

    •  

      Well the neighbours will have fun when they are building the second story and we can wave to them when we are taking a piss in our toilet as they look into our rooms. We will have fun. Not.

      •  

        Eh, depends on how you approach things really.

        I met one of my closest mates because we could call one another by yelling out the window.

  •  

    seen a great one the other day they system includes sensors which you install around your property line, lights and a DRONE
    which launches and gives you good camera action, it returns to dock on your roof by time or your command on the app.

    •  

      Now that would be nice. Image the tradies thinking they can go onto your property without permission and the drone pops out over them.

  •  

    Most people I know where this has happened, they come back and say the original fence was in the wrong spot and you end up losing some land. In the old days I am sure the instruments weren't as accurate so they might be right but still sux.

  •  

    As long as your camera is not capturing inside neighbour's bedrooms, or of their yard - kids, bathers, etc.
    otherwise all is fine.

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