NSW New Rules for Police Body-Worn Cameras and Surveillance Recording

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Body-worn Video and Other Matters) Bill 2026

15 Sep 2026: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Council

Legislative Assembly

Assent

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Topics

body-worn video law enforcement number plate recognition police powers privacy surveillance devices

Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

police officers can use their body-worn video camera (BWV) to record conversations with people that were previously only recordable using in-car video equipment (ICV)
a person must be told when a conversation with police is being recorded by BWV equipment
BWV recordings are classified as personal information about the person recorded, and must be retained for at least 2 years
using BWV to record under authorised police powers does not constitute using a listening device under the Surveillance Devices Act
police vehicles equipped with Mobile Automatic Number Plate Recognition (ANPR) cameras are exempt from surveillance device offence provisions
the Director of Public Prosecutions (not the Attorney General) must now authorise prosecution of surveillance device offences
a new exception makes overt, authorised use of surveillance devices by officials exercising statutory powers lawful — including retrospectively for past use

The Debate

What different members said when this bill was debated:

Anthony Roberts LIB

“I speak on behalf of the Opposition in support of the Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Body-worn Video and Other Matters) Bill 2026. It is a good bill. It gives our police practical tools to record events, preserve evidence and help establish what actually happened.”

Official source →

David Saliba ALP

“I support the Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Body-worn Video and Other Matters) Bill 2026. I commend the Attorney General and the relevant Ministers for their work in this space.”

Official source →

Hugh McDermott ALP

“It is 2.00 a.m. on the Cumberland Highway in the electorate of Prospect in Western Sydney. A police vehicle is pursuing a driver who refuses to pull over. The pursuit ends abruptly at a kerb in Smithfield. Two officers get out. A window is rolled down. Words are exchanged. The driver is asked to get out of the vehicle.”

Official source →

Steve Whan ALP

“I support the Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Body-worn Video and Other Matters) Bill 2026. As we heard from the Attorney General and other speakers, the bill covers a range of areas, clarifying powers and ensuring that our police can do their jobs and that we have legislative certainty around aspects of surveillance device use.”

Official source →

Michael Daley ALP

“The member for Monaro commented on the automatic number plate recognition systems. I was the Minister for Police in 2009 when those systems were introduced. The member for Monaro outlined some of the scenarios where this amazing technology might be used. As a regional member, I am sure he is alive to the fact that they are also really useful during bushfire emergencies and natural disasters.”

Official source →

News articles and press releases

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Body-worn Video and Other Matters) Bill 2026

The Hon. JOHN GRAHAM, Minister for Transport — 2026-02-12

This bill proposes to amend the Law Enforcement (Powers and Responsibilities) Act 2002 [LEPRA] and the Surveillance Devices Act 2007 to enable body-worn video to be used to support the recording of police conversations with drivers of vehicles and their passengers, as required by section 108C (1 - b) of LEPRA; to provide clarity in relation to the lawful use of body-worn video and other recording devices by government agencies when investigating potential unlawful conduct; and to make other miscellaneous amendments.