Using cameras on building sites

This resource outlines the key rules across Australia, answers common questions, and provides practical tips to help you stay compliant.

What are the surveillance laws across states?

The Surveillance Devices Act 2004 (Cth) is a federal law that regulates the use of surveillance devices across Australia. These include listening, optical, tracking and data devices. While it doesn’t specifically govern workplace surveillance, it sets a national standard for what is considered lawful or unlawful surveillance, particularly around recording private conversations or activities without consent.

Each state and territory built on this framework with their own laws. Some relate to specific workplace surveillance legislation; others rely on general privacy and surveillance laws.

Can I install cameras on sites to monitor employees or for security?

Employers can use security cameras in the workplace, including on building sites. It would generally be acceptable to install and use cameras in areas where people cannot reasonably be expected to conduct private conversations and activities, such as at site entrances and exits or in general work zones.

While not mandatory in all states, the following steps are strongly recommended to ensure good practice:

• Provide all employees with written notice that security cameras will be used in the workplace.  
• Ensure the written notice includes:  
  
  • what kind of surveillance will be used (camera, computer or tracking),  
  • how the surveillance will be carried out,  
  • when the cameras will be installed, and  
  • if it will be ongoing and continuous or periodic.
• Consult with employees before surveillance starts and give them opportunities to share their concerns. 
• Install adequate signage at the entrances to locations subject to surveillance, such as site fencing. 
• Ensure the cameras are easily visible – covert surveillance is generally prohibited.

In some states, penalties may apply if surveillance is used without meeting these requirements.

Do I need the homeowner’s permission to install cameras?

Surveillance laws generally permit the use of cameras if you have the express or implied consent by the homeowner to access their property. Most of the building contracts give builders exclusive possession of the site. This means that the owner may have provided this implied consent when they signed the contract.

However, it’s best practice to:

• Discuss camera use with the homeowner upfront to avoid misunderstandings. 
• Avoid filming outside the site boundary to prevent disputes with neighbours. 
• Check with your Local Council or Owners Corporation, as planning laws or strata by-laws may apply. 

Can I use cameras or drones to capture the build for social media?

You should always discuss this with the homeowner before photographing or publishing images or videos of their property.  Before building commences, consider asking your clients to sign a waiver to provide permission for you to post the pictures to your social media, and try to avoid taking photos which would identify them or their address.

To use a drone for commercial purposes, extra rules apply. You must register your drone and get a licence or accreditation.

If you are using a drone to capture the build, keep in mind that there are many rules which you will need to comply with, including: 

• You must keep your drone at least 30 metres away from other people, including neighbours. 
• You should not record or photograph people without their consent. 
• You can only fly drones during the day, and not through cloud, fog or smoke.  
• Further rules regarding drones near public places such as beaches, parks and airports may be relevant to your site as well.

Details of all rules are available through the Civil Aviation Safety Authority’s drone rules.

Do homeowners need my permission to install cameras?

Generally, homeowners have the right to install cameras on their own private property. If your owner tells you that they are going to install cameras, have a conversation with them to discuss when they need access to the site to install the cameras, and where the cameras are going to be located.

If their cameras capture your employees or contractors:

• You may need to notify your workers and follow the same rules as if you had installed the cameras yourself. 
• Discuss access times and camera placement to avoid interference with works.

If you don’t want the owner to record or observe the site, raise your concerns respectfully.

What do HIA contracts say?

Most HIA contracts give the builder exclusive possession of the site, which means that you have the right to control and occupy the site to the exclusion of all others, including the owner. This includes the right to determine who enters the site, when, and under what conditions.

In the context of camera surveillance, this means you can reasonably object to the owner installing cameras on the site if they interfere with your possession, disrupt work, or capture footage of workers without proper notice. If the owner insists on installing cameras, you may refer to the contract to assert your rights and seek a resolution. 

What if the homeowner’s neighbour is recording our site?

This depends on where the neighbour has positioned their cameras and how they are using them. If the cameras are installed within the neighbour’s property boundary, and they happen to capture parts of your site, this maybe generally not illegal. Practically it may also be hard to stop them from observing or recording the activities on the site even if your workers or activities are visible in their camera.

If you have concerns about the positioning of a neighbour’s camera, the best approach is to discuss with your client (the homeowner) to help facilitate a conversation or negotiate a solution.

How about recording a conversation with my client or employee?

Generally, across all states and territories, you must not record a private conversation unless all parties involved give express or implied consent. This can be broken down into the following key points:

• A private conversation is one where participants reasonably expect to be heard only by those involved, such as site meetings with clients, performance reviews, or informal chats with employees.  
• Express consent is a clear, direct agreement, either verbal or written to the use of recording devices. 
• Implied consent is more nuanced. For example, if one party in a phone call states they are recording the conversation and the other party continues speaking, this may be considered implied consent. 

In practice, obtaining express consent is recommended to avoid uncertainty and reduce the risk of legal or workplace disputes.

If you're using a device that includes audio recording, be cautious as it may unintentionally capture private conversations. Secretly recording discussions is not permitted, and doing so could expose you to legal consequences.