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Can a Neighbour Point CCTV at My House in Australia?

Concerned about a neighbour’s CCTV in Australia? Read official privacy guidance, Victorian context and practical camera-positioning advice from Rhodium Security.

BY RHODIUM SECURITY · BUYING GUIDE

There is no blanket Australia-wide yes or no: what a camera captures, how it is used and the applicable laws matter. A camera pointing towards your home does not by itself settle whether its use is lawful. This guide explains where to get reliable advice and how to plan a more privacy-conscious installation. It is general information, not legal advice about your neighbour or a particular recording. Sources checked on 13 September 2026.

Can my neighbour have CCTV pointing at my house in Australia?

The OAIC explains that ordinary Privacy Act coverage does not extend to a security camera used by an individual in a private capacity, while state or territory laws may apply. This is not permission to record anything. Council requirements and strata by-laws can also be relevant. The answer for a private home may differ from a business or organisation operating surveillance.

A separate court remedy for serious invasions of privacy commenced on 10 June 2025. The OAIC says it can extend to individuals and entities outside the usual Australian Privacy Principles coverage. A claim has several legal requirements; an unwanted camera view does not automatically establish a successful claim. Seek independent legal advice about your circumstances.

References: OAIC: residential security cameras; OAIC: serious invasions of privacy and the court remedy

For Melbourne homes, check Victorian requirements

Victoria has its own Surveillance Devices Act 1999. Have a legal adviser assess the intended video and any audio recording, the location and the circumstances. Do not assume advice written for another state applies to a Melbourne property, or that turning on a camera’s microphone is covered by advice about its picture.

If you rent or share common property, establish the applicable permission and owners-corporation requirements before changing the building or installing equipment. A product feature or an installer’s technical setup is not a legal ruling.

References: Victorian legislation: Surveillance Devices Act 1999

What can you do if you are concerned?

If it is safe to do so, explain the specific view that concerns you and ask your neighbour whether the angle can be adjusted. The OAIC points people towards local mediation when discussion does not resolve a dispute, and towards police for safety concerns. Check current local services and seek legal advice when needed.

Keep a factual note of the camera position, your concern and any agreed changes. You do not need to access another person’s equipment to explain the problem. If there is an immediate threat to safety, call 000.

References: OAIC: where to get help with camera disputes

Plan your own camera views around your property

Give each camera a defined purpose, such as your front entrance or side access. Ask the installer to show you the actual live view before finalising its angle. Where the equipment supports privacy masking, ask exactly which live views, recordings and exports the mask affects, then verify the result. A mask is a technical control, not a guarantee of legal compliance.

  • Choose a position and lens that limit unnecessary views of adjoining private spaces.
  • Review fixed views and any pan, tilt, zoom or preset positions.
  • Discuss audio separately and leave it disabled until its purpose and lawful use are established.
  • Check household access permissions and how recordings are shared.
  • Recheck the view after moving a camera or changing its settings.

Discuss camera positioning with Rhodium Security

Rhodium Security can discuss camera selection, installation positions and supported privacy controls for Melbourne homes. For legal disputes or whether a specific recording is lawful, consult a qualified legal adviser. Bring your own property sketch to our showroom at 12 Stelvio Close, Lynbrook VIC 3975.

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