WA Destruction of Toilet - Threatened Criminal Law Action

[bamtrain12345]

I have been cited with a life long ban from a local pub and threatened with legal action after being accused of damaging toilet area. I didn't do it (footage shows toilet seat there on entry and gone upon leaving however the toilet was already broken and just sitting there.

Is camera footage of a toilet even legal under Australian law, and are before and after pictures a real threat to me?

All feedback appreciated.

 

[Sarah J]

Hi,

1. Is putting a surveillance camera in toilets lawful?

The laws regarding surveillance differs across states. In Victoria, it expressly prohibits the installing of surveillance devices (cameras) in toilets and changing rooms. However, there is no similar law in WA. The best I can find is section 6 of the Surveillance Devices Act 1998 (WA) which prohibits installing optical surveillance devices to observe or record a "private activity" in which the surveilling person is not a party, without the consent of the people observed. A "private activity" is defined in section 3 to be quite broad and would most likely include bathrooms. Breach of this is a criminal offence.

2. Can they admit it in court?

Maybe. Evidence obtained from illegal activity is generally inadmissible but the court may make an exception depending on its probable value and relevance. However, given it is illegal, I doubt they would wish to pursue you further for compensating the lavatory area.