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The White Hat Guide to Taking Photos in Australia

For the most part, Australia is pretty relaxed about where you can take photos and videos without permission. In some countries, a tourist producing a camera in certain areas will find themselves hastily joined by a person in uniform pointing out that photographs are not permitted and that professional reproductions are available from the nearby stall. Depending on the regime in power at the time the degree of politeness and manner of persuasion may vary.

In general, provided you are intelligent and informed you are unlikely to encounter such problems in Australia. However, there are some exceptions which we will mention below. Usually there are just two simple questions to be asked:

1. Is it permitted to take a photograph or video?
2. What can I use that photo or video for?

The simple answer is:

In Australia it is permitted to take a photo in any public place and use that photo or video for any non-commercial purpose – ALMOST.

The above rule of thumb will be fine in 95% of cases. If in doubt you will usually find that showing some simple common sense and simple common courtesy will see you through most circumstances. Where things occasionally become a little confusing is:

1. What is a public space?
2. What is commercial usage?

Photography in a public space

In general in a public space Australia it is permissible to photograph:

• People – It is permissible to photograph anyone in a public space. Thus if you see a celebrity and poke a camera in her face you can point out to the 150kg gorilla in a suit and sunglasses accompanying her that it is your legal right. He will say that he is glad that he had this conversation and that your logic and persuasive reasoning has convinced him of your rights in this case.
• Buildings & monuments
• Anything visible from that public place – this includes the visible parts of public and private properties and anything happening there. This contrasts with, say, France, where you may find it is not permitted to photograph a prominent building even though it is clearly visible through the fence when standing on the footpath.

However there are exceptions. It is not permissible to:

• Photograph defence bases and other areas where photography has been declared a security risk. These locations are usually well signed. The government may also declare temporary photography bans in other areas, particularly where a high profile international event has heightened security concerns.
• If you hang around outside schoolyards in a raincoat photographing children, expect to receive a tap on the shoulder from the local police.
• Be aware that taking a photograph through a hole in the fence using a telephoto lens may be an offence even if you are standing in a public place. Laws differ slightly around Australia but generally It is an offence to take a photograph from a public place of a person engaged in a “private act” or in an undressed state. It is also illegal to systematically stalk, pry or peep on somebody in public or private. The reason for this is that the women’s magazines you see at checkout counters in supermarkets have a monopoly on peeping, prying, stalking and photographing people involved in private acts or in an undressed, demeaning or humiliating state, and these magazines are not going to give up their monopoly easily. Of course it’s illegal for them to do it, but these magazines sell like hotcakes so these is always plenty of money for out-of-court settlements.

Photography on private property

The taking of photographs on private property and the purpose for which they can be used afterwards is at the discretion of the owner or their representative.

Consider the following scenario. As part of the local community festival you have decided to open your garden to the public to raise money for charity. People are  busily taking happy snaps of your garden. You are proud of it and pleased that people want to photograph it. Then you see one visitor photographing your back door and other access points to your house.

OWNER: "You are very welcome to take photos of the garden sir, but not of the house."
PHOTOGRAPHER: "Show me the rules that say I can't!"
OWNER: "Just one simple rule, sir. You have entered private property and whatever activities occur here are at the discretion of the owner.I don't have to display that as a condition of entry since it applies to all private property. Please restrict your photographs to the garden sir."

What is a public space?

What can a photograph or video be used for?

Some other photography-related pages on the White Hat website:

Ballarat Art Gallery
Bendigo Art Gallery
Copyright of Photography in Australia
Frank Hurley
Harold Cazneaux
Max Dupain
Meat Market
Monash Gallery of Art
Mornington Peninsula Regional Gallery
Signal
Taking Photos in Australia
Warrnambool Art Gallery