Surveillance Devices Regulations 2016 (Vic)
Version No. 008
Surveillance Devices Regulations 2016
S.R. No. 61/2016
Version incorporating amendments as at
14 October 2025
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
6Corresponding laws
7Prescribed IBAC Officers
8Relevant offence
9Senior officers
10Prescribed persons and classes of persons and prescribed circumstances
11Prescribed purposes for the use, communication or publication of local protected information
Schedule 1—Corresponding laws
Schedule 2—Relevant offences
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 008
Surveillance Devices Regulations 2016
S.R. No. 61/2016
Version incorporating amendments as at
14 October 2025
1Objective
The objective of these Regulations is to prescribe various matters for the purposes of the Surveillance Devices Act 1999.
2Authorising provision
These Regulations are made under section 37A of the Surveillance Devices Act 1999.
3Commencement
These Regulations come into operation on 22 June 2016.
4Revocation
The following Regulations are revoked—
(a)the Surveillance Devices Regulations 2006[1];
(b)the Surveillance Devices Amendment Regulations 2013[2];
(c)the Surveillance Devices Amendment (Corresponding Laws) Regulations 2013[3].
5Definitions
In these Regulations—
Chief Executive Officer means the person appointed under section 33 of the Independent Broad-based Anti-corruption Commission Act 2011;
Deputy Commissioner
has the same meaning
as in the Independent Broad-based Anti‑corruption Commission Act 2011;
IBAC Officer has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;
the Act means the Surveillance Devices Act 1999;
Victims of Crime Assistance Tribunal means the Victims of Crime Assistance Tribunal established by the Victims of Crime Assistance Act 1996.
6Corresponding laws
For 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.
7Prescribed IBAC Officers
For 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—
(a)the position of Commissioner;
(b)the position of Deputy Commissioner;
(c)the position of Chief Executive Officer;
(d)IBAC Officers classified as Executive Officers;
(e)IBAC Officers classified as non-executive employees Grade 4, 5 or 6 or as Senior Technical Specialists;
(f)authorised officers within the meaning of the Independent Broad-based Anti-Corruption Commission Act 2011.
8Relevant offence
For 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.
9Senior officers
For 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—
(a)the position of Deputy Commissioner;
(b)the position of Chief Executive Officer;
(c)IBAC Officers classified as Executive Officers.
10Prescribed persons and classes of persons and prescribed circumstances
(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—
(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—
(i)the safety of any person may be compromised; or
(ii)there is a threat to the management, security or good order of a prison or any location where a prisoner is being held;
(b)a person employed as a prison officer within the meaning of the Corrections Act 1986 in circumstances where—
(i)the safety of any person may be compromised; or
(ii)there is a threat to the management, security or good order of a prison or any location where a prisoner is being held;
(c)a person employed as an escort officer within the meaning of the Corrections Act 1986 in circumstances where—
(i)the safety of any person may be compromised; or
(ii)there is a threat to the management, security or good order of a prison or any location where a prisoner is being held;
(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—
(i)the safety of any person may be compromised; or
(ii)there is a threat to the management, security or good order of the location that the specified officer is attending;
(e)a security officer within the meaning of the Corrections Act 1986 in circumstances where—
(i)the safety of any person may be compromised; or
(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;
(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—
(i)the security or good order of a youth justice facility; or
(ii)the safety and security of any detainee in a youth justice facility;
(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—
(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
(ii)the safety and security of any detainee in a youth justice facility;
* * * * *
(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—
(i)the safety of any person may be compromised; or
(ii)there is a threat to the management, security or good order of the residential facility;
(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—
(i)the safety of any person may be compromised; or
(ii)there is a threat to the management, security or good order of the location that the specified officer is attending;
(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—
(i)the safety of any person may be compromised; or
(ii)there is a threat to the management, security or good order of the residential facility or the residential treatment facility;
(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—
(i)the safety of any person may be compromised; or
(ii)there is a threat to the management, security or good order of the location that the specified officer is attending;
(jc)a security officer within the meaning of the Serious Offenders Act 2018 in circumstances where—
(i)the safety of any person may be compromised; or
(ii)there is a threat to the management, security or good order of the premises at which—
(A)the Post Sentence Authority within the meaning of that Act meets; or
(B)an employee referred to in section 301(2) of that Act is located to assist the Post Sentence Authority to perform its functions;
(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;
(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;
(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)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;
(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;
(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;
(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;
(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;
(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;
(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.
(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).
(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).
11Prescribed purposes for the use, communication or publication of local protected information
(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—
(a)a proceeding for a family violence intervention order under the Family Violence Protection Act 2008;
(b)an investigation or inquest carried out under the Coroners Act 2008;
(c)assisting in locating any person reported missing to Victoria Police;
(d)a proceeding for a personal safety intervention order under the Personal Safety Intervention Orders Act 2010;
(e)a civil proceeding in which—
(i)Victoria Police or the State is a party; or
(ii)a police officer is called, or has been called, as a witness;
(f)a proceeding in VCAT, whether in the original jurisdiction or the review jurisdiction;
(g)a proceeding in the Victims of Crime Assistance Tribunal;
(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;
(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;
(i)mandatory reporting under section 184 of the Children, Youth and Families Act 2005;
(j)the preparation of a transport power report under section 85 of the Youth Justice Act 2024.
(2)For the purposes of section 30F(1B)(b) of the Act, the following purposes are prescribed—
(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—
(i)a proceeding for a family violence intervention order under the Family Violence Protection Act 2008;
(ii)an investigation or inquest carried out under the Coroners Act 2008;
(iii)assisting in locating any person reported missing to Victoria Police;
(iv)a proceeding for a personal safety intervention order under the Personal Safety Intervention Orders Act 2010;
(v)a civil proceeding in which—
(A)Victoria Police or the State is a party; or
(B)a protective services officer within the meaning of the Victoria Police Act 2013 is called, or has been called, as a witness;
(vi)a proceeding in VCAT, whether in the original jurisdiction or the review jurisdiction;
(vii)a proceeding in the Victims of Crime Assistance Tribunal;
(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;
(b)in any other case—
(i)an investigation or inquest carried out under the Coroners Act 2008;
(ii)a civil proceeding in which—
(A)the employer of a person referred to as a prescribed person in regulation 10(1) or the State is a party; or
(B)a person referred to as a prescribed person in regulation 10(1) is called, or has been called, as a witness;
(iii)a proceeding in VCAT, whether in the original jurisdiction or the review jurisdiction;
(iv)a proceeding in the Victims of Crime Assistance Tribunal.
SCHEDULE 1—CORRESPONDING LAWS
Regulation 6
| Column 1 Jurisdiction | Column 2 Corresponding law |
| Australian Capital Territory | Crimes (Surveillance Devices) Act 2010 |
| New South Wales | Surveillance Devices Act 2007 |
| Northern Territory | Surveillance Devices Act 2007 |
| Queensland | Chapter 13 of the Police Powers and Responsibilities Act 2000 |
| South Australia | Surveillance Devices Act 2016 |
| Tasmania | Police Powers (Surveillance Devices) Act 2006 |
SCHEDULE 2—RELEVANT OFFENCES
Regulation 7
| Column 1 Act | Column 2 Relevant offence provision |
| Catchment and Land Protection Act 1994 | Section 75(1), 75(2), 75(3) or 75(4) |
| 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) |
| Flora and Fauna Guarantee Act 1988 | Section 47(1) or 47(3) |
| Forests Act 1958 | Section 63(1), 63(2), 64(2), 64(4) or 96 |
| Heritage Act 1995 | Section 110(1) or 134(1) |
| Royal Botanic Gardens Act 1991 | Section 50A |
| Victoria Police Act 2013 | Section 227 |
| 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 |
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The 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.
The 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).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 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.
This 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.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All 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).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 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.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "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.
• Other material
Any 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).
2 Table of Amendments
This publication incorporates amendments made to the Surveillance Devices Regulations 2016 by statutory rules, subordinate instruments and Acts.
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Surveillance Devices Amendment (Body-worn Cameras) Regulations 2018, S.R. No. 96/2018
Date of Making: 10.7.18 Date of Commencement: 11.7.18: reg. 3
Surveillance Devices Further Amendment Regulations 2018, S.R. No. 174/2018
Date of Making: 23.10.18 Date of Commencement: 23.10.18
Surveillance Devices Amendment (Corresponding Laws) Regulations 2021, S.R. No. 42/2021
Date of Making: 11.5.21 Date of Commencement: 11.5.21
Surveillance Devices Amendment (Body-worn Cameras) Regulations 2021, S.R. No. 169/2021
Date of Making: 21.12.21 Date of Commencement: 21.12.21
Surveillance Devices Amendment (Body-worn Cameras) Regulations 2022, S.R. No. 117/2022
Date of Making: 18.10.22 Date of Commencement: 18.10.22
Surveillance Devices Amendment Regulations 2025, S.R. No. 79/2025
Date of Making: 26.8.25 Date of Commencement: 30.9.25: reg. 3
Surveillance Devices Amendment (Body‐worn Cameras and Other Matters) Regulations 2025, S.R. No. 105/2025
Date of Making: 14.10.25 Date of Commencement: 14.10.25
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3 Explanatory details
[1] Reg. 4(a): S.R. No. 73/2006 as amended by S.R. Nos 9/2013 and 94/2013.
[2] Reg. 4(b): S.R. No. 9/2013.
[3] Reg. 4(c): S.R. No. 94/2013.
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