VIC Australian Law on Photography in Public Areas?

[DavidI]

Hello, i'm hoping there are some here who can help me out.

In the USA, they have the 1st amendment to their constitution which explicitly allows public photography within publicly accessible areas of public buildings, and in public of anything that can be seen from public.

Australia has no such bill of rights, and thus i'm having trouble finding the exact law in Victoria when it comes to public photography.

I'm aware there is no expectation of privacy, however, I've a few examples that need to be clarified by law if someone(s) are able to assist.

Example 1 – I want to record video and audio within the ticket barriers of a train station, including but not limited to ticket inspectors doing their job, in a visible and non-confrontational manner.

Example 2 – I want to record video and audio on a moving train between platforms, including but not limited to ticket inspectors doing their job, in a visible and non-confrontational manner.

Example 3 – I want to record video and audio in Melbourne Central (a shopping center in the Melbourne CBD), in a visible and non-confrontational manner.

Example 4 – I want to record video and audio of police officers from a public footpath, in a visible and non-confrontational manner.

Thank you to any who can assist here

I had someone tell me that the first 3 are not protected acts under Australian law.
If this is the case, what can we do about it?

I've witnesses a number of ticket inspectors assaulting and battering members of the public and I want to record their actions so they can be held accountable, but don't want to get into trouble myself.

Thanks.

This is based on my understanding, in general, recording someone else is prohibited and you may face legal proceedings unless if that recording (either voice or video) is used to defend yourself and is not distributed in social media (like Facebook etc...), if used in court to defend yourself or your situation, then a person will be Ok. I did ask a lawyer in other country in relation to this and that is what I understood that allowed as I explained and I read also here on this forum about this issue. I am aware that different countries have different laws and not the same but this principle is applied in both countries.

 

[Tim W]

This is based on my understanding, in general

I'm sorry @Davidgreat, but your understanding is incorrect.

...recording someone else is prohibited....

No, it generally isn't.
There is no general right not to be photographed (or filmed, or imaged, or recorded visually etc).
It's different in that sense to audio-only recordings, such as intercepting phone calls.

You may find this post of interest.

Now, let's talk about what we are really talking about.
Yes, a person can photograph/ film/ etc Victorian PSOs, private security, even police, etc
in the course of their work.
However, if they do so too closely, then they risk committing obstruction offences, or public nuisance offences.
And yes, phones (etc) can be seized as evidence.
Lastly, while I agree that no public official is above scrutiny,
I do also discourage actions of the kind contemplated by the OP,
which, if undertaken without careful thought,
can range from just being a busybody, to outright vigilantism.