QLD Parent's Right to View School Surveillance Video?

[throwaway]

My child was recently involved in an incident which took place at school, between him and a teacher. If the school has video surveillance clearly showing what happened available, are they allowed to deny you, the parent, to view the surveillance video?

Do I have a right to see the footage? If it is within my rights to see the video and they do deny my request to see it for myself, what can I do to get the footage?

Thanks,

 

[Rod]

No inherent right without a cause of action. Asking for a court order may get you the footage.

If this is a public school then you may be able to appeal to the education department.

 

[throwaway]

No inherent right without a cause of action. Asking for a court order may get you the footage.

If this is a public school then you may be able to appeal to the education department.

No inherent right without a cause of action? what are you talking about? what education department?

We're in Australia but The USA has laws which allow parents to view surveillance footage from schools and they can get "FERPA" to intervene on their behalf : Can a Parent View School Surveillance Tapes?

" Federal Law
The Family Educational Rights and Privacy Act (FERPA) is the federal law that governs educational records and surveillance in schools. According to FERPA, images of students captured on a school's security tapes are not considered educational records. Hence, these tapes are not private and may be shared with the parents of the students. The AASA site clarifies that, in 2004, the U.S. Department of Education’s Family Policy Compliance Office stated that if more than one student is on the tape, all parents must consent to disclosure. However, more recently, the compliance office informally stated that a parent of any directly involved student would be allowed to view the footage, but not permitted to receive a copy unless the other parents gave consent.

Requesting to View Tapes
In some cases, school administration may not permit a parent to view footage of their child. This may be because they feel there is no reasonable ground for doing so, or because they fear it may open a case against the school. If your child is under disciplinary action, has been a victim of assault or another crime or if you feel viewing the tapes may be beneficial for your child, you can request to view them. Send a polite letter stating your request and reasons for doing so to the principal or school board. If your request is not met, you can contact FERPA via email to ask it to intervene on your behalf. "

Anything like this for AU?

 

[Rod]

No. If you want USA laws, go live in the USA under Mr Trump. Quoting US law here is of no value whatsoever. Using Mr Google LLB for legal advice is like using Dr Google for medical advice - User beware, use at own risk!

No inherent right without a cause of action? what are you talking about?

If your son has had a legal right infringed upon (eg assaulted, false imprisonment etc), then you have a 'cause of action' (legal term meaning a right to take action in a court of law). This allows you the right to gather evidence (eg video), but you may need a court order to enforce your right. IE You can't just walk in and take the video from the school if they refuse to give it to you.

what education department??

Department of Education and Training - QLD!

Suggest you see a lawyer as you lack of some very basic understanding of how schools work in a legal sense, and your rights and obligations in general.

Quoting US law here and expecting it to automatically fix your problem at your son's school indicates you are out of your depth and would benefit from real Aussie legal advice.

 

[Tim W]

....Anything like this for AU?

No.

 

[throwaway]

No. If you want USA laws, go live in the USA under Mr Trump. Quoting US law here is of no value whatsoever. Using Mr Google LLB for legal advice is like using Dr Google for medical advice - User beware, use at own risk!



If your son has had a legal right infringed upon (eg assaulted, false imprisonment etc), then you have a 'cause of action' (legal term meaning a right to take action in a court of law). This allows you the right to gather evidence (eg video), but you may need a court order to enforce your right. IE You can't just walk in and take the video from the school if they refuse to give it to you.



Department of Education and Training - QLD!

Suggest you see a lawyer as you lack of some very basic understanding of how schools work in a legal sense, and your rights and obligations in general.

Quoting US law here and expecting it to automatically fix your problem at your son's school indicates you are out of your depth and would benefit from real Aussie legal advice.

Did I say I wanted USA Laws? I was looking for information to tell me whether I have a right to view school surveillance footage. The only information that came up was from US sites, which I simply used as an example because I wanted to know if there were any such laws in Australia. Not that hard to put together if you think about it, is it?

You suggest that using Google for legal advice is a waste of time, maybe even rubbish. and hell, I registered to this forum thinking I would get legal advice from an actual lawyer! and here I am looking at your little quote and see that you're not even a lawyer, then why are you even here?? after all, you said you don't give out legal advice!

 

[Rod]

My goodness; you have attitude. I have been upfront that I am not a lawyer as you point out however I have attempted to give assistance to a complete stranger.

I never suggested using Google is a waste of time, I said 'beware of using Google'. These are two different things. I use google all the time and it is invaluable to me, but do I rely on it? Well sometimes, depends on the source. Some sources I trust, some I don't. Without the ability to adequately filter the information you read you can get into difficulties.

The fact that you said you didn't know a department of education exists was either a throwaway comment, or accurate. If accurate, it shows you lack basic information about the education system in Australia, and Queensland in particular. Using logical reasoning it follows you likely will also lack basic legal knowledge. Hence my answer to seek real legal advice that can explain more in greater detail.

I wanted to know if there were any such laws in Australia. Not that hard to put together if you think about it, is it?

And this question was answered. It is not hard to see the answer I gave that you appear to have wilfully ignored.

Did I say I wanted USA Laws?

You asked if there were anything like the US laws in Australia. Clearly you were hoping there was as they support the action you want to undertake. I pointed out, to the best of my knowledge, that no such law exists here in Australia. You also got information from a qualified lawyer that backs my statement. My disdain for the US legal system showed through in my answer. Admittedly they get some things right, but they get some things horribly wrong.

Maybe you should focus on the factual information that is given to you rather than argue about the manner by which it was delivered.

Tim W has a signature line that reads: Remember - it's a really bad idea to make big decisions based on what some guy says on the internet.

I agree with this line.

 

[Tim W]

.......whether I have a right to view school surveillance footage.

Allow me to clarify my earlier post.
I have given this quite a lot of thought before replying.
After some careful consideration, I have decided to expand upon my earlier reply.

My answer to your question is now this:

"No, you don't."

 

[Tim W]

You don't like replies from non-lawyers.
You don't like replies from people who are lawyers.
<scratches head>
What other choices do you have?

 

[MartyK]

My child was recently involved in an incident which took place at school, between him and a teacher. If the school has video surveillance clearly showing what happened available, are they allowed to deny you, the parent, to view the surveillance video?

Do I have a right to see the footage? If it is within my rights to see the video and they do deny my request to see it for myself, what can I do to get the footage?

Thanks,

Questions.

What were the alleged facts of the said incident?

Did it result in any adverse repercussions or consequences for your child?

Have you already followed the schools policies in relation to 'dispute' management and resolution?

Are you certain the incident took place in a location that video footage is available?

Have you already requested the video footage from the school? If so, what was their response?

If a Government school, have you been in touch with the Dept of Ed to gain further insight into their general views of the situation at hand? Or same from the CEO, if it is a Catholic School, or the governing body of an independent institution if this applies?

Is this a matter that can be dealt with internally by the school or something that requires external involvement?

If external involvement is required then you are best to seek legal advice!