{"id":"sr:surveillance-devices-regulations-2016","name":"Surveillance Devices Regulations 2016","slug":"surveillance-devices-regulations-2016","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183352,"registerId":"vic-sr:surveillance-devices-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Surveillance Devices Regulations 2016","content":"Version No. 008\n\n**Surveillance Devices Regulations 2016**\n\n**S.R. No. 61/2016**\n\nVersion incorporating amendments as at  \n14 October 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Corresponding laws 2\n\n7 Prescribed IBAC Officers 2\n\n8 Relevant offence 3\n\n9 Senior officers 3\n\n10 Prescribed persons and classes of persons and prescribed circumstances 3\n\n11 Prescribed purposes for the use, communication or publication of local protected information 10\n\nSchedule 1—Corresponding laws 14\n\nSchedule 2—Relevant offences 15\n\n═══════════════\n\nEndnotes 16\n\n1 General information 16\n\n2 Table of Amendments 18\n\n3 Explanatory details 19\n\n**Version No.** **008**\n\n**Surveillance Devices Regulations 2016**\n\n**S.R. No. 61/2016**\n\nVersion incorporating amendments as at  \n14 October 2025\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe various matters for the purposes of the **Surveillance Devices Act 1999**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 37A of the **Surveillance Devices Act 1999**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 22 June 2016.\n\n\t4 Revocation\n\nThe following Regulations are **revoked**—\n\n(a) the Surveillance Devices Regulations 2006[[1]](#endnote-1);\n\n(b) the Surveillance Devices Amendment Regulations 2013[[2]](#endnote-2);\n\n(c) the Surveillance Devices Amendment (Corresponding Laws) Regulations 2013[[3]](#endnote-3).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***Chief Executive Officer*** means the person appointed under section 33 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n***Deputy Commissioner*** has the same meaning  \nas in the **Independent Broad-based Anti‑corruption Commission Act 2011**;\n\n***IBAC Officer*** has the same meaning as in the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nReg. 5 def. of *the Act* amended by S.R. No. 169/2021 reg. 4(a).\n\n***the Act*** means the **Surveillance Devices Act 1999**;\n\nReg. 5 def. of *Victims of Crime Assistance Tribunal* inserted by S.R. No. 169/2021 reg. 4(b).\n\n***Victims of Crime Assistance Tribunal*** means the Victims of Crime Assistance Tribunal established by the **Victims of Crime Assistance Act 1996**.\n\n\t6 Corresponding laws\n\nFor the purposes of paragraph (b) of the definition of ***corresponding law*** in section 3(1) of the Act, a law specified in column 2 of Schedule 1 of a jurisdiction specified opposite that law in column 1 of Schedule 1 is declared to be a law of that jurisdiction that corresponds to that Act.\n\n\t7 Prescribed IBAC Officers\n\nFor the purposes of the definition of ***prescribed IBAC Officer***  in section 3(1) of the Act,  the following positions and classes of employees are prescribed—\n\n(a) the position of Commissioner;\n\n(b) the position of Deputy Commissioner;\n\n(c) the position of Chief Executive Officer;\n\n(d) IBAC Officers classified as Executive Officers;\n\nReg. 7(e) amended by S.R. No. 105/2025 reg. 3(a).\n\n(e) IBAC Officers classified as non-executive employees Grade 4, 5 or 6 or as Senior Technical Specialists;\n\nReg. 7(f) inserted by S.R. No. 105/2025 reg. 3(b).\n\n(f) authorised officers within the meaning of the **Independent Broad-based Anti-Corruption Commission Act 2011**.\n\n\t8 Relevant offence\n\nFor the purposes of paragraph (b) of the definition of ***relevant offence*** in section 3(1) of the Act, an offence against a provision specified in column 2 of Schedule 2 of an Act specified opposite that provision in column 1 of Schedule 2 is a prescribed relevant offence.\n\n\t9 Senior officers\n\nFor the purposes of paragraph (da)(ii) of the definition of ***senior officer*** in section 3(1) of the Act,  the following positions and classes of employees are prescribed—\n\n(a) the position of Deputy Commissioner;\n\n(b) the position of Chief Executive Officer;\n\n(c) IBAC Officers classified as Executive Officers.\n\nReg. 10 inserted by S.R. No. 96/2018 reg. 4.\n\n\t10 Prescribed persons and classes of persons and prescribed circumstances\n\n(1) For the purposes of sections 6(2)(e), 7(2)(e) and 30F(1B) of the Act, the following persons or classes of persons and the circumstances in relation to that person or class are prescribed—\n\n(a) a person authorised under section 9A of the **Corrections Act 1986** to exercise the powers or functions of a prison officer or an escort officer in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\n(ii) there is a threat to the management, security or good order of a prison or any location where a prisoner is being held;\n\n(b) a person employed as a prison officer within the meaning of the **Corrections Act 1986** in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\n(ii) there is a threat to the management, security or good order of a prison or any location where a prisoner is being held;\n\n(c) a person employed as an escort officer within the meaning of the **Corrections Act 1986** in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\n(ii) there is a threat to the management, security or good order of a prison or any location where a prisoner is being held;\n\n(d) a specified officer within the meaning of section 78F of the **Corrections Act 1986** supervising a prisoner on parole or a monitored serious sex offender in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\n(ii) there is a threat to the management, security or good order of the location that the specified officer is attending;\n\n(e) a security officer within the meaning of the **Corrections Act 1986** in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\nReg. 10 (1)(e)(ii) amended by S.R. No. 105/2025 reg. 4(a).\n\n(ii) there is a threat to the management, security or good order of premises where the Adult Parole Board of Victoria meets or premises where employees of the Department of Justice and Community Safety who are assisting the Adult Parole Board under section 70(1) of the **Corrections Act 1986** to perform its functions are located;\n\nReg. 10(1)(f) amended by S.R. No. 105/2025 reg. 4(a).\n\n(f) a prison officer within the meaning of the **Corrections Act 1986** assigned to the Security and Emergency Services Group of Corrections Victoria, Department of Justice and Community Safety, in relation to that person's duties when engaged in a youth justice facility within the meaning of section 482A of the **Children, Youth and Families Act 2005**, in circumstances where there is a threat to—\n\n(i) the security or good order of a youth justice facility; or\n\n(ii) the safety and security of any detainee in a youth justice facility;\n\nReg. 10(1)(g) amended by S.R. No. 105/2025 reg. 4(b).\n\n(g) an officer within the meaning of section 482A of the **Children, Youth and Families Act 2005** in circumstances where there is a threat to—\n\n(i) the security or good order of a youth justice facility within the meaning of section 482A of the **Children, Youth and Families Act 2005**; or\n\n(ii) the safety and security of any detainee in a youth justice facility;\n\nReg. 10(1)(h) revoked by S.R. No. 105/2025 reg. 4(c).\n\n* * * * *\n\n(i) a specified officer within the meaning of the **Serious Sex Offenders (Detention and Supervision) Act 2009** working at a residential facility in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\n(ii) there is a threat to the management, security or good order of the residential facility;\n\n(j) a specified officer within the meaning of the **Serious Sex Offenders (Detention and Supervision) Act 2009** supervising an offender subject to an order under that Act at a location other than a residential facility in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\n(ii) there is a threat to the management, security or good order of the location that the specified officer is attending;\n\nReg. 10(1)(ja) inserted by S.R. No. 174/2018 reg. 3.\n\n(ja) a specified officer within the meaning of the **Serious Offenders Act 2018** working at a residential facility or a residential treatment facility within the meaning of that Act in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\n(ii) there is a threat to the management, security or good order of the residential facility or the residential treatment facility;\n\nReg. 10(1)(jb) inserted by S.R. No. 174/2018 reg. 3.\n\n(jb) a specified officer within the meaning of the **Serious Offenders Act 2018** supervising an offender subject to an order under that Act (including as referred to in clause 4(3) of Schedule 4 of that Act) at a location other than a residential facility or a residential treatment facility within the meaning of that Act in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\n(ii) there is a threat to the management, security or good order of the location that the specified officer is attending;\n\nReg. 10(1)(jc) inserted by S.R. No. 174/2018 reg. 3.\n\n(jc) a security officer within the meaning of the **Serious Offenders Act 2018** in circumstances where—\n\n(i) the safety of any person may be compromised; or\n\n(ii) there is a threat to the management, security or good order of the premises at which—\n\n(A) the Post Sentence Authority within the meaning of that Act meets; or\n\n(B) an employee referred to in section 301(2) of that Act is located to assist the Post Sentence Authority to perform its functions;\n\nReg. 10(1)(k) amended by S.R. No. 117/2022 reg. 3(a).\n\n(k) a protective services officer within the meaning of the **Victoria Police Act 2013** in the circumstances of carrying out their functions under that Act or any other Act;\n\nReg. 10(1)(l) inserted by S.R. No. 117/2022 reg. 3(b).\n\n(l) an authorised officer appointed under Part 9 of the **Conservation, Forests and Lands Act 1987** in the circumstances of carrying out their functions under that Act or any other Act;\n\nReg. 10(1)(m) inserted by S.R. No. 117/2022 reg. 3(b).\n\n(m) an authorised officer within the meaning of the **Game Management Authority Act 2014** in the circumstances of carrying out their functions under that Act or any other Act;\n\nReg. 10(1)(n) inserted by S.R. No. 117/2022 reg. 3(b).\n\n(n) an authorised officer within the meaning of the **Victorian Fisheries Authority Act 2016** in the circumstances of carrying out their functions under that Act or any other Act;\n\nReg. 10(1)(o) inserted by S.R. No. 117/2022 reg. 3(b).\n\n(o) an officer of the Royal Society for the Prevention of Cruelty to Animals who has been approved as a general inspector under section 18 of the **Prevention of Cruelty to Animals Act 1986** in the circumstances of carrying out their functions under that Act or any other Act;\n\nReg. 10(1)(p) inserted by S.R. No. 117/2022 reg. 3(b).\n\n(p) an employee of the Royal Society for the Prevention of Cruelty to Animals who has been appointed as a specialist inspector under section 18A of the **Prevention of Cruelty to Animals Act 1986** in the circumstances of carrying out their functions under that Act or any other Act;\n\nReg. 10(1)(q) inserted by S.R. No. 117/2022 reg. 3(b).\n\n(q) the sheriff within the meaning of the **Sheriff Act 2009** in the circumstances of carrying out their functions under that Act or any other Act;\n\nReg. 10(1)(r) inserted by S.R. No. 117/2022 reg. 3(b).\n\n(r) the deputy sheriff within the meaning of the **Sheriff Act 2009** in the circumstances of carrying out their functions under that Act or any other Act;\n\nReg. 10(1)(s) inserted by S.R. No. 117/2022 reg. 3(b), amended by S.R. No. 105/2025 reg. 4(d).\n\n(s) a sheriff's officer within the meaning of the **Sheriff Act 2009** in the circumstances of carrying out their functions under that Act or any other Act;\n\nReg. 10(1)(t) inserted by S.R. No. 105/2025 reg. 4(e).\n\n(t) an authorised officer within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011** in the circumstances of carrying out the authorised officer's functions under that Act or any other Act.\n\n(2) For the purposes of paragraph (ac) of the definition of ***protected information*** in section 30D of the Act, the prescribed persons or class of person and prescribed circumstances are those referred to in subregulation (1).\n\n(3) For the purposes of paragraph (d) of the definition of ***local protected information*** in section 30F(4) of the Act, the prescribed persons or class of person and prescribed circumstances are those referred to in subregulation (1).\n\nReg. 11 inserted by S.R. No. 96/2018 reg. 4.\n\n\t11 Prescribed purposes for the use, communication or publication of local protected information\n\n(1) For the purposes of section 30F(1A)(b) of the Act, the following purposes are prescribed where the local protected information is obtained from the use of a body-worn camera or a tablet computer by a police officer—\n\n(a) a proceeding for a family violence intervention order under the **Family Violence Protection Act 2008**;\n\n(b) an investigation or inquest carried out under the **Coroners Act 2008**;\n\nReg. 11(1)(c) amended by S.R. No. 169/2021 reg. 5(1).\n\n(c) assisting in locating any person reported missing to Victoria Police;\n\nReg. 11(1)(d) inserted by S.R. No. 169/2021 reg. 5(2).\n\n(d) a proceeding for a personal safety intervention order under the **Personal Safety Intervention Orders Act 2010**;\n\nReg. 11(1)(e) inserted by S.R. No. 169/2021 reg. 5(2).\n\n(e) a civil proceeding in which—\n\n(i) Victoria Police or the State is a party; or\n\n(ii) a police officer is called, or has been called, as a witness;\n\nReg. 11(1)(f) inserted by S.R. No. 169/2021 reg. 5(2).\n\n(f) a proceeding in VCAT, whether in the original jurisdiction or the review jurisdiction;\n\nReg. 11(1)(g) inserted by S.R. No. 169/2021 reg. 5(2).\n\n(g) a proceeding in the Victims of Crime Assistance Tribunal;\n\nReg. 11(1)(ga) inserted by S.R. No. 105/2025 reg. 5(1).\n\n(ga) the performance of functions or duties or the exercise of powers by the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011** or any other Act in relation to the investigation and prevention of corrupt conduct and police personnel misconduct, the collection and use of intelligence, the provision of education services and the compliance monitoring and oversight of Victoria Police;\n\nReg. 11(1)(h) inserted by S.R. No. 169/2021 reg. 5(2).\n\n(h) disclosure to the Secretary to the Department of Families, Fairness and Housing for the purpose of investigating whether a child is in need of protection as described in section 162 of the **Children, Youth and Families Act 2005**;\n\nReg. 11(1)(i) inserted by S.R. No. 169/2021 reg. 5(2), amended by S.R. No. 79/2025 reg. 4(a).\n\n(i) mandatory reporting under section 184 of the **Children, Youth and Families Act 2005**;\n\nReg. 11(1)(j) inserted by S.R. No. 79/2025 reg. 4(b).\n\n(j) the preparation of a transport power report under section 85 of the **Youth Justice Act 2024**.\n\n(2) For the purposes of section 30F(1B)(b) of the Act, the following purposes are prescribed—\n\n(a) where the local protected information is obtained from the use of a body-worn camera or a tablet computer by a protective services officer within the meaning of the **Victoria Police Act 2013**—\n\n(i) a proceeding for a family violence intervention order under the **Family Violence Protection Act 2008**;\n\n(ii) an investigation or inquest carried out under the **Coroners Act 2008**;\n\n(iii) assisting in locating any person reported missing to Victoria Police;\n\nReg. 11 (2)(a)(iv) inserted by S.R. No. 169/2021 reg. 5(3).\n\n(iv) a proceeding for a personal safety intervention order under the **Personal Safety Intervention Orders Act 2010**;\n\nReg. 11 (2)(a)(v) inserted by S.R. No. 169/2021 reg. 5(3).\n\n(v) a civil proceeding in which—\n\n(A) Victoria Police or the State is a party; or\n\n(B) a protective services officer within the meaning of the **Victoria Police Act 2013** is called, or has been called, as a witness;\n\nReg. 11 (2)(a)(vi) inserted by S.R. No. 169/2021 reg. 5(3).\n\n(vi) a proceeding in VCAT, whether in the original jurisdiction or the review jurisdiction;\n\nReg. 11 (2)(a)(vii) inserted by S.R. No. 169/2021 reg. 5(3).\n\n(vii) a proceeding in the Victims of Crime Assistance Tribunal;\n\nReg. 11(2) (a)(viii) inserted by S.R. No. 105/2025 reg. 5(2).\n\n(viii) the performance of functions or duties or the exercise of powers by the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011** or any other Act in relation to the investigation and prevention of corrupt conduct and police personnel misconduct, the collection and use of intelligence, the provision of education services and the compliance monitoring and oversight of Victoria Police;\n\nReg. 11(2)(b) substituted by S.R. No. 169/2021 reg. 5(4).\n\n(b) in any other case—\n\n(i) an investigation or inquest carried out under the **Coroners Act 2008**;\n\n(ii) a civil proceeding in which—\n\n(A) the employer of a person referred to as a prescribed person in regulation 10(1) or the State is a party; or\n\n(B) a person referred to as a prescribed person in regulation 10(1) is called, or has been called, as a witness;\n\n(iii) a proceeding in VCAT, whether in the original jurisdiction or the review jurisdiction;\n\n(iv) a proceeding in the Victims of Crime Assistance Tribunal.\n\nSch. 1 amended by S.R. No. 42/2021 reg. 3.\n\nSchedule 1—Corresponding laws\n\nRegulation 6\n\n| *Column 1*<br>*Jurisdiction* | *Column 2*<br>*Corresponding law* |\n| --- | --- |\n| Australian Capital Territory | Crimes (Surveillance Devices) Act 2010 |\n| New South Wales | Surveillance Devices Act 2007 |\n| Northern Territory | Surveillance Devices Act 2007 |\n| Queensland | Chapter 13 of the Police Powers and Responsibilities Act 2000 |\n| South Australia | Surveillance Devices Act 2016 |\n| Tasmania | Police Powers (Surveillance Devices) Act 2006 |\n\n\nSchedule 2—Relevant offences\n\nRegulation 7\n\n| *Column 1*<br>*Act* | *Column 2*<br>*Relevant offence provision* |\n| --- | --- |\n| **Catchment and Land Protection Act 1994** | Section 75(1), 75(2), 75(3) or 75(4) |\n| **Fisheries Act 1995** | Section 36(1), 39(1), 39(2), 39(3), 40(1), 53(1), 53(4), 114(3), 116(1), 119A, 130(4), 130A(5) or 130B(6) |\n| **Flora and Fauna Guarantee Act 1988** | Section 47(1) or 47(3) |\n| **Forests Act 1958** | Section 63(1), 63(2), 64(2), 64(4) or 96 |\n| **Heritage Act 1995** | Section 110(1) or 134(1) |\n| **Royal Botanic Gardens Act 1991** | Section 50A |\n| **Victoria Police Act 2013** | Section 227 |\n| **Wildlife Act 1975** | Section 22(6), 41(1), 44(1), 44(3), 45(1), 47(1), 47D(1), 49(2), 50(1), 50(6), 51(1), 51(2), 52, 53, 54(1), 55, 56(1), 58(1), 58A, 58B, 60A(2), 76(1), 76(2) 76(2A), 76(3), 76(5), 77(1), 80, 83C or 83I |\n\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Surveillance Devices Regulations 2016, S.R. No. 61/2016 were made on 21 June 2016 by the Governor in Council under section 37A of the **Surveillance Devices Act 1999**, No. 21/1999 and came into operation on 22 June 2016: regulation 3.\n\nThe Surveillance Devices Regulations 2016 will sunset 10 years after the day of making on 21 June 2026 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Surveillance Devices Regulations 2016 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nSurveillance Devices Amendment (Body-worn Cameras) Regulations 2018, S.R. No. 96/2018\n\n| *Date of Making:* | 10.7.18 |\n| --- | --- |\n| *Date of Commencement:* | 11.7.18: reg. 3 |\n\n\nSurveillance Devices Further Amendment Regulations 2018, S.R. No. 174/2018\n\n| *Date of Making:* | 23.10.18 |\n| --- | --- |\n| *Date of Commencement:* | 23.10.18 |\n\n\nSurveillance Devices Amendment (Corresponding Laws) Regulations 2021, S.R. No. 42/2021\n\n| *Date of Making:* | 11.5.21 |\n| --- | --- |\n| *Date of Commencement:* | 11.5.21 |\n\n\nSurveillance Devices Amendment (Body-worn Cameras) Regulations 2021, S.R. No. 169/2021\n\n| *Date of Making:* | 21.12.21 |\n| --- | --- |\n| *Date of Commencement:* | 21.12.21 |\n\n\nSurveillance Devices Amendment (Body-worn Cameras) Regulations 2022, S.R. No. 117/2022\n\n| *Date of Making:* | 18.10.22 |\n| --- | --- |\n| *Date of Commencement:* | 18.10.22 |\n\n\nSurveillance Devices Amendment Regulations 2025, S.R. No. 79/2025\n\n| *Date of Making:* | 26.8.25 |\n| --- | --- |\n| *Date of Commencement:* | 30.9.25: reg. 3 |\n\n\nSurveillance Devices Amendment (Body‐worn Cameras and Other Matters) Regulations 2025, S.R. No. 105/2025\n\n| *Date of Making:* | 14.10.25 |\n| --- | --- |\n| *Date of Commencement:* | 14.10.25 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 73/2006 as amended by S.R. Nos 9/2013 and 94/2013. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 9/2013. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 94/2013. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content is present in the provided text to assess whether the scope of these regulations changed from their original intent. The document contains only administrative and version metadata, with no substantive provisions visible for comparison."},"complexity_factors":["The document as provided contains only metadata, headings, and version history — no substantive regulatory content is present to analyse","Surveillance device law itself is moderately complex, involving interplay between privacy law, criminal law, and administrative law","Consolidated regulations can be complex to navigate due to layered amendments over time","The underlying subject matter (surveillance technology) involves technical definitions that can be legally nuanced","Score reflects the document as provided, not the full regulatory framework it represents — a complete version would likely score 5-7"],"plain_english_summary":"These consolidated 2016 regulations (Statutory Rule No. 61/2016) sit under a jurisdiction’s Surveillance Devices Act and are meant to set out detailed rules about use of listening, tracking, optical and data-surveillance equipment. They define how and when surveillance devices may be lawfully used and enforce compliance.\n\nThey primarily affect law enforcement, private investigators, employers, businesses using security systems, and individuals who may be surveilled — because the regulations determine legal conditions, procedures and penalties for misuse."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond their original scope. Initially focused on basic surveillance device controls and corresponding interstate laws, the instrument has grown into a comprehensive framework for body-worn camera governance. Major expansions include: (1) the 2018 amendments adding detailed body-worn camera provisions for police and prison officers; (2) the 2021-2022 amendments extending coverage to protective services officers, conservation officers, RSPCA inspectors, and sheriffs; (3) the 2025 amendments adding IBAC authorised officers and youth justice transport powers. The instrument now functions as a central registry for surveillance device exemptions across multiple justice and enforcement sectors, rather than merely prescribing administrative matters for the Surveillance Devices Act."},"complexity_factors":["Multiple cross-references to at least 15 other Acts (Surveillance Devices Act 1999, Independent Broad-based Anti-corruption Commission Act 2011, Corrections Act 1986, Children, Youth and Families Act 2005, etc.)","Nested conditional logic in Regulation 10: each prescribed person class has specific triggering circumstances (safety threats, security threats, etc.)","Extensive amendment history with 7 sets of amending regulations since 2018, creating a patchwork of inserted and substituted provisions","Dual-purpose structure in Regulation 11 with different rules for police officers vs. protective services officers vs. other prescribed persons","Tabular schedules (Schedules 1 and 2) containing detailed lists of corresponding laws and offence provisions that must be read alongside the main text","Defined terms rely on definitions from other legislation (e.g., 'specified officer', 'protective services officer', 'authorised officer') rather than standalone definitions"],"plain_english_summary":"These regulations set out the detailed rules for who can legally use surveillance devices (like body-worn cameras) in Victoria and under what circumstances.\n\n**What it does:**\n- **Expands who can wear cameras:** The regulations list specific people who are allowed to use body-worn cameras and other surveillance devices, including police officers, prison guards, protective services officers, wildlife inspectors, RSPCA officers, sheriffs, and anti-corruption investigators.\n- **Sets the rules for when cameras can be used:** Most officers can only use these devices when there's a safety risk or threat to security. For example, prison officers can use cameras when there's a threat to prison security or someone's safety.\n- **Allows sharing of footage:** The regulations specify when recorded footage can be used or shared—such as for court cases, missing person searches, family violence intervention orders, child protection investigations, and oversight of police conduct.\n- **Coordinates with other states:** It recognises similar laws from other Australian states and territories so that surveillance laws work consistently across borders.\n- **Defines serious offences:** It lists specific crimes (like wildlife trafficking, fisheries offences, and heritage vandalism) where surveillance devices can be used in investigations.\n\n**Who it affects:**\n- Police and protective services officers\n- Prison and youth justice staff\n- Anti-corruption investigators (IBAC)\n- Conservation and wildlife officers\n- RSPCA inspectors\n- Sheriffs and court officers\n- Anyone subject to surveillance by these authorised officers\n\n**Why it matters:**\nThese rules balance public safety and law enforcement needs against personal privacy. They ensure surveillance isn't used arbitrarily—only by specific authorised people, in defined circumstances, and with controlled limits on how the footage can be shared."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Regulations have broadened and specified scope beyond the initial 2016 text by: adding body‑worn camera and tablet device rules and explicit permitted disclosure purposes (reg 11), expanding prescribed officers and classes (reg 7, reg 10 and successive insertions), and updating corresponding laws and listed relevant offences (Schedules 1–2). Amendments recorded in the Table of Amendments (2018–2025) show incremental expansions of who may collect, use or receive surveillance information and for what purposes."},"complexity_factors":["Extensive cross-referencing to multiple other Acts (e.g. Independent Broad-based Anti-corruption Commission Act 2011; Corrections Act 1986; Children, Youth and Families Act 2005; Victoria Police Act 2013) increases interpretive complexity (regs 5, 7, 10, 11).","Detailed lists of prescribed persons and circumstances with many subclauses and role-specific conditions (reg 10).","Prescribed permitted purposes for handling 'local protected information' tied to specific devices (body‑worn cameras/tablets) and to particular proceedings and agencies (reg 11).","Schedules enumerating corresponding laws (Schedule 1) and numerous relevant offence provisions across several Acts (Schedule 2) require cross-checking statutory texts for scope and application.","Multiple amendments across 2018–2025 (Table of Amendments and in‑text amendment notes) change definitions, add roles and purposes, and insert/remove subregs, raising version-control and retrospective-application questions.","Regulatory discretion in prescribing classes of officers and purposes creates operational decision points for agencies (regs 7, 10, 11) and potential compliance burdens (storage, access control, disclosure decisions).","Sunset and revocation history noted in endnotes requires attention to lifecycle and renewal (Endnotes, reg 4)."],"plain_english_summary":"These Regulations set out detailed rules under the Surveillance Devices Act 1999: they prescribe who counts as authorised or senior officers, which external laws and offences are treated as corresponding, and what purposes permit use or disclosure of surveillance material—notably body-worn camera and tablet footage. They affect Victoria Police, IBAC, corrections and a range of authorised officers. Agencies bear the compliance costs of recording, storing and deciding lawful disclosure, and must change operational practices to limit use and publication to the prescribed circumstances (see regs 7, 10, 11; Schedules 1–2)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/surveillance-devices-regulations-2016","history":"/api/acts/surveillance-devices-regulations-2016/history","analysis":"/api/acts/surveillance-devices-regulations-2016/analysis","conflicts":"/api/acts/surveillance-devices-regulations-2016/conflicts","importantCases":"/api/acts/surveillance-devices-regulations-2016/important-cases","documents":"/api/acts/surveillance-devices-regulations-2016/documents"}}