Australian Capital Territory Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 2021 (NO 2) (NO. 18 OF 2021) - SECT 12

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Part 5A     Body-worn cameras

Note     The Surveillance Devices Act 2004

(Cwlth), pt 4 also contains provisions for the use of surveillance devices without a warrant.

43A     Meaning of body-worn camera

For this Act, "body-worn camera" means a device that is—

        (a)     capable of recording visual images and sound; and

        (b)     usually worn on the body, whether or not the device is being worn when used; and

        (c)     approved, in writing, by the chief police officer.

43B     Use of body-worn cameras by police officers

    (1)     A police officer may use a body-worn camera in the course of the officer's duties.

    (2)     A police officer who is wearing a body-worn camera must use the camera when dealing with a member of the public in the course of the officer's duties.

    (3)     Subsection (2) does not apply in circumstances in which the use of a body-worn camera—

        (a)     is not reasonably practicable; or

        (b)     could cause or increase a risk to a person's safety; or

        (c)     would unreasonably limit a person's privacy.

    (4)     The use of a body-worn camera by a police officer under this section must be—

        (a)     overt; and

Examples—overt use

1     The camera is used or worn in a way that makes it visible to the person being recorded.

2     A police officer in attendance tells the person being recorded that the camera is being used.

        (b)     in accordance with the guidelines under section 43C.

    (5)     However, the use need not be overt if—

        (a)     the camera is used when a police officer draws or uses a firearm or conducted electrical weapon; or

        (b)     overt use of the camera could cause or increase a risk to a person's safety.

    (6)     A police officer may also use a body-worn camera if the use is—

        (a)     incidental to the use of the camera under this section; or

        (b)     inadvertent.

    (7)     Parts 2 to 5 do not apply in relation to the use of a body-worn camera under this section.

    (8)     In this section:

"conducted electrical weapon" means a hand-held or other electrical device designed to administer an electric shock on contact.

43C     Body-worn cameras—guidelines

    (1)     The chief police officer must make guidelines about the use of body-worn cameras by police officers under section 43B.

    (2)     The guidelines must include—

        (a)     requirements for the storage, use and disposal of a recording from a body-worn camera, and information about how a person may access a recording under any applicable laws; and

        (b)     guidance about the circumstances in which a body-worn camera may or must be used; and

        (c)     a statement about how human rights have been considered in making the guidelines.

    (3)     The guidelines may include any other relevant matters.

    (4)     The chief police officer must consult the director-general before making a guideline.

    (5)     A guideline is a disallowable instrument.