Generally, you can film in a public space without consent, although you may need a permit from the local council if you are making a film.Ī private space is an area owned by someone, and that someone can set rules of entry and exit.Įxamples of private spaces are homes, shops, sporting venues, shopping malls, schools and similar places. The owner of a private property can prevent you from filming on their property.įailure to comply with the owner of a property who asks you to stop filming while on their property can lead to you being banned from the premises, or even possibly facing a civil lawsuit such as a nuisance suit. Therefore, it is important be mindful of where you are filming. If you are on someone’s property, it is best to get their consent before recording. Although you can’t film on private property without consent, filming someone on their property from a public space isn’t an offence. For example, it isn’t illegal to film a neighbour’s property from your own, or film someone on private property from a public footpath – although certain other laws may apply here, depending on the circumstances. In NSW, the following are criminal offences: In a private space, there are some activities where filming someone without their consent amounts to a criminal offence. Filming a person engaged in a private act without the person’s consent (s91K of the Crimes Act).A “private act” is if the person being filmed is in a state of undress, using the toilet, shower or bath, engaged in a sexual act of a kind not ordinarily done in public, or engaged in any other like activity, and a reasonable person would ordinarily expect to be afforded privacy in that circumstance. For example, using a webcam to film another person engaged in a “private act” must require the consent of the person being filmed. Failure to obtain the subject’s consent amounts to a criminal offence, and the maximum penalty is up to two years’ imprisonment. If the subject is under 16 years of age, the prison sentence increases, up to five years. Filming a person’s private parts (s91L of the Crimes Act).This is similar to filming a person engaged in a private act. In such situations, the physician should inform the patient/surrogate at the earliest opportunity and obtain consent for ongoing treatment in keeping with these guidelines.Consent is required when filming a person’s private parts, and recording without it amounts to a criminal offence where the maximum penalty is two years’ imprisonment, or five years if the child is under 16 years of age.
In emergencies, when a decision must be made urgently, the patient is not able to participate in decision making, and the patient’s surrogate is not available, physicians may initiate treatment without prior informed consent.
When the patient/surrogate has provided specific written consent, the consent form should be included in the record.