NSW CCTV audio footage of neighbour

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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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In my experience...
pointing a camera at somebody's house, from within your own boundary,
is likely to be taken to be an act of harassment or intimidation.
That's because proof of there being any other purpose lies with the camera's owner,
and there is pretty much never any other reasonable purpose.
In other words - people typically cannot satisfy the court that they have a protect lawful interest defence,
because they don't have one that needs protecting with that camera, pointed there.

That can mean that an installation can be contrary to a Standard Condition of (what we call in NSW) an APVO.
On which basis, it can found both a breach of an Order, and a separate Surveillance Devices Act offence.