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Havenlawyer, Lawyer
Category: Australia Law
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Experience: Dip Law LPAB - Sydney based lawyer
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is it against perth WA law to film a police officer from my

Resolved Question:

is it against perth WA law to film a police officer from my fixed video camera in my truck when i have a 2 stickers saying truck and driver under camera watch

Submitted: 12 months ago.
Category: Australia Law
Expert:  Havenlawyer replied 12 months ago.

Hello and thanks for your question.

Please advise who told you that you weren't allowed to take such film, and on what basis did they make that claim?

Customer: replied 12 months ago.

a perth police officer but never gave me a reason at all

Expert:  replied 12 months ago.

The relevant law would appear to be this:

 

http://www.austlii.edu.au/au/legis/wa/consol_act/sda1998210/s6.html

 

However the law simply prohibits devices being used to record or observe "private activity" which the legislation defines as:

 

"private activity means any activity carried on in circumstances that may reasonably be taken to indicate that any of the parties to the activity desires it to be observed only by themselves, but does not include an activity carried on in any circumstances in which the parties to the activity ought reasonably to expect that the activity may be observed; "

 

Given that your camera is attached to your vehicle, and you are presumably only filming in places accessible to the public, then it is unlikely you would be breaching the law.

 

Filming a police officer in a public street is not an offence. Driving your tow truck up to a bedroom window and filming people within would likely be an offence.

 

Both police officers and members of the public sometimes have a misconception that it is not lawful to film someone without their consent, but in public at least, it is generally legal to film people without their consent.

 

I trust the above assists your understanding.

 

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Thank you.

Havenlawyer41091.7638783912

Havenlawyer, Lawyer
Category: Australia Law
Positive Feedback: 94.6 %
Satisfied Customers: 3514
Experience: Dip Law LPAB - Sydney based lawyer
Havenlawyer and other Australia Law Specialists are ready to help you

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