{"id":"nsw:sl-2022-0526","name":"Surveillance Devices Regulation 2022","slug":"surveillance-devices-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"526 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176159,"registerId":"nsw-nsw:sl-2022-0526-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Surveillance Devices Regulation 2022](/view/html/inforce/current/sl-2022-0526).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2022.\n> \n> Note—\n> \n> This Regulation replaces the [Surveillance Devices Regulation 2014](/view/html/repealed/current/sl-2014-0165), which is repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Surveillance Devices Act 2007](/view/html/inforce/current/act-2007-064).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General provisions","content":"# Part 2 General provisions\n\nPart 2 General provisions","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Corresponding laws—the Act, s 4","content":"#### 4 Corresponding laws—the Act, s 4\n\n4 Corresponding laws—the Act, s 4\n\n> For the Act, section 4(1), definition of corresponding law, the following laws of other jurisdictions are declared to be corresponding laws—\n> \n> > (a) the Surveillance Devices Act 2007 of the Northern Territory,\n> \n> > (b) the Police Powers and Responsibilities Act 2000 of Queensland, Chapter 13,\n> \n> > (c) the Police Powers (Surveillance Devices) Act 2006 of Tasmania,\n> \n> > (d) the Surveillance Devices Act 1999 of Victoria,\n> \n> > (e) the Crimes (Surveillance Devices) Act 2010 of the Australian Capital Territory.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Police officers’ use of body-worn video—additional purposes for using information obtained—the Act, s 40","content":"#### 5 Police officers’ use of body-worn video—additional purposes for using information obtained—the Act, s 40\n\n5 Police officers’ use of body-worn video—additional purposes for using information obtained—the Act, s 40\n\n> > (1) For the Act, section 40(4A)(c), the information obtained from the use of body-worn video by a police officer may also be used for the following purposes—\n> > \n> > > (a) coronial proceedings under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041),\n> > \n> > > (b) administrative decisions made under an Act administered by the Minister for Police and Emergency Services,\n> > \n> > > (c) proceedings of a court or tribunal in which the NSW Police Force or the State is a party or in which a member of the NSW Police Force is called as a witness,\n> > \n> > > (d) investigations of a complaint against, or the conduct of, a member of the NSW Police Force,\n> > \n> > > (e) investigations of an alleged workplace injury to a member of the NSW Police Force,\n> > \n> > > (f) a media production including, for example, a television, radio or internet broadcast, but only if—\n> > > \n> > > > (i) the body-worn video from which the information is obtained is provided particularly for the purposes of the media production, and\n> > > \n> > > > (ii) the NSW Police Force has approved all content to be used in the media production, and\n> > > \n> > > > (iii) the use of the information is otherwise lawful and does not breach guidelines issued by the Commissioner of Police for the purposes of this subsection.\n> \n> > (2) In this section—\n> > \n> > use of information includes publication and communication of the information.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Delegation by Attorney General—the Act, s 51B","content":"#### 6 Delegation by Attorney General—the Act, s 51B\n\n6 Delegation by Attorney General—the Act, s 51B\n\n> > (1) The Attorney General may delegate a function of the Attorney General under the Act, Part 3 or 5 to a person who is—\n> > \n> > > (a) an Australian legal practitioner, and\n> > \n> > > (b) employed in the department in which the Act is administered as—\n> > > \n> > > > (i) a Public Service senior executive, or\n> > > \n> > > > (ii) a legal officer grade 6 or clerk grade 11 or 12 in the legal branch, however described, of the department.\n> \n> > (2) In this section—\n> > \n> > Public Service senior executive has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> **s 6:** Rep 2022 (526), sec 6(3). Ins 2024 (546), Sch 1.","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"ICAC’s use of unlawful surveillance device recordings—the Act, s 59(2)","content":"#### 6A ICAC’s use of unlawful surveillance device recordings—the Act, s 59(2)\n\n6A ICAC’s use of unlawful surveillance device recordings—the Act, s 59(2)\n\n> > (1) This section applies to a private conversation, a record or report of a private conversation or a record or report of the carrying on of an activity that is obtained by the use of a surveillance device in contravention of the Act, Part 2 by a person other than ICAC (relevant material).\n> \n> > (2) ICAC is exempt from the Act, Part 2 in relation to ICAC obtaining, possessing, publishing or communicating relevant material in accordance with the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035).\n> \n> > (3) If ICAC relies on the exemption in subsection (2) in the course of an investigation under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), any report relating to the investigation prepared by ICAC under that Act, section 74 must include a statement to that effect.\n> \n> > (4) This section is repealed at the end of 31 December 2026.\n> \n> > (5) In this section—\n> > \n> > ICAC means the Independent Commission Against Corruption and includes an officer of the Commission.\n> \n> Note—\n> \n> The [Surveillance Devices Amendment (ICAC) Regulation 2026](/view/pdf/asmade/sl-2026-85) amended subsection (4) by replacing “30 June 2026” with “31 December 2026”. The Act, section 59(3) provides that the amendment takes effect on and from the expiry of the period during which either House of Parliament may, under the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 41, disallow the regulation.\n> \n> **s 6A:** Ins 2023 (462), Sch 1. Am 2025 (487), Sch 1\\[1\\] \\[2\\]; 2026 (85), Sch 1\\[1\\] \\[2\\].","sortOrder":8},{"sectionNumber":"6B","sectionType":"section","heading":"Sheriff’s officer’s use of body-worn recording devices—trial—the Act, s 59(2)","content":"#### 6B Sheriff’s officer’s use of body-worn recording devices—trial—the Act, s 59(2)\n\n6B Sheriff’s officer’s use of body-worn recording devices—trial—the Act, s 59(2)\n\n> > (1) A sheriff’s officer is exempt from the Act, sections 7 and 8, in relation to the installation, use and maintenance of a body-worn recording device if—\n> > \n> > > (a) the officer uses the device while acting in the execution of the officer’s duty, and\n> > \n> > > (b) the device is prominently attached to the officer’s uniform, and\n> > \n> > > (c) at least one of the following apply to the use of the device by the officer—\n> > > \n> > > > (i) before making a recording, the officer made a reasonable attempt to ensure the person likely to be recorded by the device was aware the device was capable of recording images or sound, or both,\n> > > \n> > > > (ii) in the opinion of the officer, there is a significant risk of harm to the officer or another person,\n> > > \n> > > > (iii) the recording of images or sound, or both, by the device is inadvertent or unexpected.\n> \n> > (2) In this section—\n> > \n> > body-worn recording device means a listening device or optical surveillance device, or both, worn on a person.\n> > \n> > sheriff’s officer has the same meaning as in the [Sheriff Act 2005](/view/html/inforce/current/act-2005-006).\n> \n> > (3) This section is repealed at the end of 30 November 2026.\n> \n> **s 6B:** Ins 2023 (511), Sch 2. Am 2024 (575), Sch 2; 2025 (632), Sch 2.","sortOrder":9},{"sectionNumber":"6C","sectionType":"section","heading":"SafeWork inspector’s use of body-worn recording devices—the Act, s 59(2)","content":"#### 6C SafeWork inspector’s use of body-worn recording devices—the Act, s 59(2)\n\n6C SafeWork inspector’s use of body-worn recording devices—the Act, s 59(2)\n\n> > (1) A SafeWork inspector is exempt from the Act, sections 7 and 8, in relation to the installation, use and maintenance of a body-worn recording device if—\n> > \n> > > (a) the inspector uses the device while acting in accordance with the inspector’s powers under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), and\n> > \n> > > (b) the device is prominently attached to the inspector’s clothing, and\n> > \n> > > (c) at least one of the following apply to the use of the device by the inspector—\n> > > \n> > > > (i) before making a recording, the inspector made a reasonable attempt to ensure the person likely to be recorded by the device was aware the device was capable of recording images or sound, or both,\n> > > \n> > > > (ii) in the inspector’s opinion, there is a significant risk of harm to the inspector or another person,\n> > > \n> > > > (iii) the recording of images or sound, or both, by the device is inadvertent or unexpected.\n> \n> > (2) In this section—\n> > \n> > body-worn recording device means a listening device or optical surveillance device, or both, worn on a person.\n> > \n> > SafeWork inspector means a person who is appointed as—\n> > \n> > > (a) an inspector under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), section 156, or\n> > \n> > > (b) an inspector under the [Explosives Act 2003](/view/html/inforce/current/act-2003-039), section 25, while exercising powers under the provisions of the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) applied by the [Explosives Act 2003](/view/html/inforce/current/act-2003-039), section 27.\n> \n> > (3) This section is repealed at the end of 31 August 2027.\n> \n> Note—\n> \n> The Act, section 59(3) provides that this section, as inserted by the [Surveillance Devices Amendment (Body-Worn Video) Regulation 2024](/view/pdf/asmade/sl-2024-640), takes effect on and from the expiry of the period during which either House of Parliament may, under the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 41, disallow the regulation.\n> \n> Editorial note—\n> \n> This clause commences on 27 May 2025.\n> \n> **s 6C:** Ins 2024 (640), Sch 1.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Savings and transitional provisions","content":"# Part 3 Savings and transitional provisions\n\nPart 3 Savings and transitional provisions","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Savings","content":"#### 7 Savings\n\n7 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Surveillance Devices Regulation 2014](/view/html/repealed/current/sl-2014-0165), had effect under the Regulation continues to have effect under this Regulation.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Transitional provision—ambulance officers’ use of body-worn recording devices under repealed regulation","content":"#### 8 Transitional provision—ambulance officers’ use of body-worn recording devices under repealed regulation\n\n8 Transitional provision—ambulance officers’ use of body-worn recording devices under repealed regulation\n\n> > (1) Despite the repeal of the [Surveillance Devices Regulation 2014](/view/html/repealed/current/sl-2014-0165), repealed clause 5 continues in effect until the commencement of this Regulation, section 6.\n> > \n> > Note—\n> > \n> > The Act, section 59(3), provides that this Regulation, section 6, takes effect on and from the expiry of the period during which either House of Parliament may, under the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 41, disallow this Regulation.\n> \n> > (2) In this section—\n> > \n> > repealed clause 5 means clause 5 of the [Surveillance Devices Regulation 2014](/view/html/repealed/current/sl-2014-0165) as in force before the repeal of that Regulation.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulation has grown significantly beyond its original 2022 scope. Originally focused on police body-worn video and basic administrative matters, it has expanded through amendments in 2023-2024 to include: (1) ICAC's use of unlawfully obtained surveillance materials, (2) a trial program for sheriff's officers with body-worn cameras, and (3) a trial program for SafeWork inspectors. These additions transform the Regulation from a simple police-focused instrument into a broader public sector surveillance framework covering three distinct enforcement agencies plus anti-corruption investigations."},"complexity_factors":["Multiple time-limited provisions with different expiry dates (sections 6A, 6B, 6C expire between 2026-2027)","Nested conditional logic in sections 6B and 6C requiring at least one of three alternative conditions to be met","Cross-references to at least 8 other Acts (Surveillance Devices Act 2007, Coroners Act 2009, Government Sector Employment Act 2013, Independent Commission Against Corruption Act 1988, Sheriff Act 2005, Work Health and Safety Act 2011, Explosives Act 2003, Interpretation Act 1987)","Amendment history notes embedded in text showing multiple insertions and repeals (sections 6, 6A, 6B, 6C)","Delegated legislative provisions requiring specific employment classifications (Public Service senior executive, legal officer grade 6, clerk grade 11/12)","Savings and transitional provisions preserving old law during handover periods"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out detailed rules for how New South Wales police, sheriff's officers, SafeWork inspectors, and the Independent Commission Against Corruption (ICAC) can use surveillance devices — particularly body-worn cameras — without breaking the law.\n\n**Who it affects:**\n\n- **Police officers** — can use body-worn video footage for specific purposes like coronial inquests, court cases, internal investigations, and even media productions (with strict approval requirements)\n- **Sheriff's officers** — get a temporary trial exemption to wear recording devices while on duty, provided they warn people they're being recorded or there's a safety risk\n- **SafeWork inspectors** — get a similar exemption to wear recording devices while conducting workplace safety inspections\n- **ICAC** — can legally possess and use surveillance recordings that were obtained unlawfully by someone else, as part of corruption investigations\n- **The Attorney General** — can delegate certain powers to senior legal staff\n\n**Why it matters:**\n\nNormally, recording private conversations or activities without consent is illegal under the *Surveillance Devices Act 2007*. This Regulation creates **lawful exceptions** for public officials who need to record people as part of their job. It balances accountability (recording interactions) with privacy protections (rules about when and how recording is allowed). The provisions for sheriff's officers and SafeWork inspectors are time-limited trials, meaning Parliament will review whether to make them permanent.\n\n**Key features:**\n- Lists which other states' and territories' surveillance laws are recognised as \"corresponding laws\" for enforcement purposes\n- Sets strict conditions for when sheriff's officers and SafeWork inspectors can record — they must either warn people, face danger, or accidentally capture footage\n- Requires ICAC to flag when it uses unlawfully obtained recordings in its reports\n- Includes expiry dates for temporary provisions, forcing future review"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears to have remained focused on its original purpose of providing operational detail for the Surveillance Devices Act. The frequent amendments suggest refinement rather than expansion of scope. However, the presence of temporary provisions (sections 6A, 6B, 6C) with their own expiry dates may indicate that some targeted, time-limited measures were added to address specific emerging issues — a modest scope evolution but not a fundamental departure from original intent."},"complexity_factors":["The document provided is primarily metadata and status information — the actual substantive provisions of the regulation are not included, limiting full analysis","Multiple staged repeal dates for individual sections (6A, 6B, 6C) create a patchwork expiry timeline that requires careful tracking","The regulation operates as subordinate legislation under a parent Act, meaning its rules must be read in conjunction with the Surveillance Devices Act to be fully understood","Nine separate point-in-time versions since 2022 indicate frequent amendments, creating complexity for anyone trying to determine which rules applied at a specific date","The automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity layer not present in primary legislation"],"plain_english_summary":"This NSW regulation sets the practical rules under the Surveillance Devices Act for using surveillance devices (cameras, listening and tracking tools, data capture) and thus governs when and how recordings are lawful. It affects anyone recorded without consent, police and investigators, private security and businesses that monitor people. It matters because it provides the operational detail that makes the parent Act work; note it automatically expires on 1 September 2027 (with some clauses expiring earlier)."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Compared with the repealed 2014 Regulation, this instrument preserves prior acts in force (s7) but extends and clarifies scope: it adds declared corresponding laws (s4), broadens lawful uses of police body‑worn video (s5), authorises specified delegations by the Attorney‑General (s6), and creates new, limited exemptions for ICAC, sheriff’s officers and SafeWork inspectors with procedural conditions and expiry dates (s6A–6C). Transitional provisions maintain continuity for ambulance officer arrangements from the repealed regulation (s8)."},"complexity_factors":["Multiple, time‑limited exemptions with different repeal/expiry dates (s6A(4); s6B(3); s6C(3)) increase temporal complexity.","Frequent cross‑references to other Acts (Surveillance Devices Act 2007; Coroners Act 2009; Independent Commission Against Corruption Act 1988; Work Health and Safety Act 2011; Sheriff Act 2005) require reading multiple instruments (ss3,5,6A,6B,6C).","Conditional operational rules for body‑worn devices (prominent attachment; reasonable attempt to notify; risk‑of‑harm exception; inadvertent recording) create factual determinations for officers (s5, s6B(1), s6C(1)).","Delegation eligibility ties authority to specific employment grades and legal practitioner status, constraining who may exercise functions (s6(1)).","Savings and transitional provisions preserve prior effects while introducing changes, requiring administrators to track legacy authorisations (ss7–8)."],"plain_english_summary":"This regulation replaces the 2014 Surveillance Devices Regulation (commencing 1 September 2022) and updates how surveillance recordings may be obtained and used. It declares corresponding state laws, permits the Attorney‑General to delegate certain functions, expands allowed uses of police body‑worn video, and creates limited exemptions allowing ICAC, sheriff’s officers and SafeWork inspectors to obtain or use recordings subject to conditions and expiry dates (ss2,4,5,6,6A–6C). Agencies decide use and must meet notice, attachment and reporting conditions; affected individuals may face reduced privacy protection where exemptions apply."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/surveillance-devices-regulation-2022","history":"/api/acts/surveillance-devices-regulation-2022/history","analysis":"/api/acts/surveillance-devices-regulation-2022/analysis","conflicts":"/api/acts/surveillance-devices-regulation-2022/conflicts","importantCases":"/api/acts/surveillance-devices-regulation-2022/important-cases","documents":"/api/acts/surveillance-devices-regulation-2022/documents"}}