[no bill text published] NSW Exceptions and Penalties for the Use of Surveillance Devices

Surveillance Devices and Other Legislation Amendment Bill 2025

Legislative Assembly

Legislative Council

Assent

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

Effects of this bill

If this bill passes, it means that:

People do not commit an offence if they use a surveillance device openly under another law; they must inform the subject and prove their official status.
It is a criminal offence to possess a record of a private conversation made illegally; individuals face up to 5 years in prison.
People can share or publish illegal surveillance records if they do so in the public interest to an investigative body.
Officers of investigative bodies can share surveillance records as part of their job; this applies if they did not know the record was obtained illegally.
Police officers can use body-worn video to record conversations with people in police vehicles.
Police officers must tell people when a conversation is being recorded with body-worn video.

The Debate

What different members said when this bill was debated:

Susan Carter LIB

“In The First Circle, Aleksandr Solzhenitsyn explores the question of what limits, if any, should be placed on the investigative organs of government being able to access information about its citizens. In this bill, the Government invites us to consider the same question.”

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Sue Higginson GRN

“On behalf of The Greens, I indicate that we simply do not support the Surveillance Devices and Other Legislation Amendment Bill 2025. In Nineteen Eighty-Four, George Orwell described a society in which surveillance was no longer exceptional but normalised and continuous. He wrote:”

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Mark Banasiak SFFP

“On behalf of the Shooters, Fishers and Farmers Party, I oppose the Surveillance Devices and Other Legislation Amendment Bill 2025. Once again, we are told not to worry. Once again, we are told it is narrow, temporary and exceptional; and once again none of that is true. Whenever a bill contains the words like "surveillance", "tracking" and "other legislation", the House should be cautious.”

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Emma Hurst AJP

“On behalf of the Animal Justice Party, I contribute to debate on the Surveillance Devices and Other Legislation Amendment Bill 2025.”

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Mark Latham IND

“The Surveillance Devices and Other Legislation Amendment Bill 2025 is part of one of the most regrettable trends in modern governance and, indeed, in modern society: the erosion of freedom and privacy. There are a number of factors at play—three of them that I can identify.”

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Rachel Merton LIB

“I make a contribution to debate on the Surveillance Devices and Other Legislation Amendment Bill 2025. I commend aspects of the bill that bring much-needed clarity to the lawful use of surveillance tools by government agencies.”

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John Graham ALP

“It was a good discussion. I thank the Hon. Susan Carter, Ms Sue Higginson, the Hon. Mark Banasiak, the Hon. Emma Hurst, the Hon. Mark Latham and the Hon. Rachel Merton for their contributions. I will attempt to address a range of the points made, given there were substantive points raised in the debate.”

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News articles and press releases

Surveillance Devices and Other Legislation Amendment Bill 2025

Mr MICHAEL DALEY, Attorney General — 2025-10-21

Consultation with government and external agencies has shown that the current prohibitions in the Act have prevented the use of surveillance devices such as body-worn video by New South Wales Government agencies. The current prohibitions have also prevented the sharing of surveillance device records with investigative bodies, potentially hampering investigations into crime, corruption or other unlawful conduct. Sharing surveillance device records in those circumstances would clearly serve the public interest. The bill will ensure that records made by surveillance devices can be used by investigative bodies in their investigations into crimes and corruption when it is in the public interest, and will also enable New South Wales agencies to make appropriate use of surveillance devices in the exercise of their functions.