Surveillance Devices (Prescribed Residential Premises) Amendment Bill 2024 (SA)

South Australia Surveillance Devices (Prescribed Residential Premises) Amendment Bill 2024 A Bill For An Act to amend the Surveillance Devices Act 2016.

Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Surveillance Devices Act 2016 2 Amendment of section 11—Orders authorising use, communication or publication of certain information or material 3 Insertion of Part 2 Division 3 Division 3—Prescribed residential premises 12A Interpretation 12B Optical surveillance devices and listening devices in prescribed residential premises

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Surveillance Devices (Prescribed Residential Premises) Amendment Act 2024.

Part 2—Amendment of Surveillance Devices Act 2016 2—Amendment of section 11—Orders authorising use, communication or publication of certain information or material Section 11(1)—delete "and 10" and substitute: , 10 and 12B(5)(g) 3—Insertion of Part 2 Division 3 Part 2—after Division 2 insert: Division 3—Prescribed residential premises 12A—Interpretation In this Division— approved provider, of aged care services, means an approved provider within the meaning of the Aged Care Quality and Safety Commission Act 2018 of the Commonwealth; harm means physical or mental harm (whether temporary or permanent); health service has the same meaning as in the Health and Community Services Complaints Act 2004; home care has the same meaning as in the Aged Care Act 1997 of the Commonwealth; hospital has the same meaning as in the Health Care Act 2008; mental harm means psychological harm and does not include emotional reactions such as distress, grief, fear or anger unless they result in psychological harm; NDIS service means a service provided by a registered NDIS provider (within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth); personal care services has the same meaning as in the Supported Residential Facilities Act 1992; physical harm includes— (a) unconsciousness; (b) pain; (c) disfigurement; (d) infection with a disease; prescribed residential premises means— (a) a private room in a residential aged care facility; or (b) a residence in a retirement village (within the meaning of the Retirement Villages Act 2016); or (c) a private room in a supported residential facility (within the meaning of the Supported Residential Facilities Act 1992); or (d) a room at a private residence in which home care or an NDIS service is provided to a resident; or (e) a room at a private residence in which a health service or a personal care service is provided to the resident; or (f) any other premises, or premises of a kind, included within the ambit of this definition by the regulations, but does not include— (g) a private room in a hospital; or (h) any other premises, or premises of a kind, excluded from the ambit of this definition by the regulations; private room means a residential room occupied by a single occupant; residential aged care facility means a facility at which residential care is provided by an approved provider under the Aged Care Act 1997 of the Commonwealth; residential care has the same meaning as in the Aged Care Act 1997 of the Commonwealth. 12B—Optical surveillance devices and listening devices in prescribed residential premises (1) Despite any other Act or law, an optical surveillance device or a listening device (or both) may be installed, used and maintained in prescribed residential premises by or on behalf of a person who is for the time being residing in those premises. (2) A person who installs an optical surveillance device or a listening device in prescribed residential premises pursuant to this section must— (a) give notice in writing to the owner or operator of the prescribed residential premises (except where the person is the owner of the premises or is installing the device on behalf of the owner of the premises); and (b) ensure that signs complying with subsection (3) are placed at the entrance to and within the prescribed residential premises setting out that the device is present and being used in the premises. Maximum penalty: $10 000. (3) Signs under subsection (2)(b) must— (a) be placed in such numbers and positions as are likely to be seen by persons present in the prescribed residential premises; and (b) comply with any prescribed requirements as to the form of the sign and the manner in which it must be displayed. (4) A person must not, without lawful excuse, interfere with an optical surveillance device or a listening device that has been installed and is being used and maintained in prescribed residential premises by or on behalf of a person who is residing in those premises. Maximum penalty: (a) in the case of a body corporate—$50 000; (b) in the case of a natural person—$10 000. (5) A person must not knowingly use, communicate or publish information or material derived from the use of a listening device or an optical surveillance device in prescribed residential premises by or on behalf of a person who is for the time being residing in those premises except— (a) to a person who was a party to the conversation or activity to which the information or material relates; or (b) with the consent of each party to the conversation or activity to which the information or material relates; or (c) for the purposes of making a formal complaint to a service provider in relation to the conduct of a person engaged in the provision of a service to the person residing in the prescribed residential premises; or (d) to an officer of an investigating agency for the purposes of a relevant investigation or relevant action or proceeding; or (e) in the course, or for the purposes, of a relevant action or proceedings; or (f) in relation to a situation where— (i) a person is being subjected to violence or unwarranted harm, humiliation, distress, grief, fear or anger; or (ii) there is an imminent threat of violence or unwarranted harm, humiliation, distress, grief, fear or anger to a person; or (g) in accordance with an order of a judge under section 11; or (h) where it is in the public interest and the use, communication or publication of the information or material is made to a media organisation; or (i) if the use, communication or publication of the information or material is made by a media organisation and the information or material is in the public interest; or (j) to a legal practitioner for the purposes of seeking legal advice in relation to the conversation or activity to which the information or material relates; or (k) otherwise in the course of duty or as required or authorised by law. Maximum penalty: (a) in the case of a body corporate—$50 000; (b) in the case of a natural person—$10 000. (6) A provision of any contractual agreement or requirement applying in relation to a person's occupation of prescribed residential premises is, to the extent that it is inconsistent with subsection (1), void and of no effect. (7) If an optical surveillance device or a listening device is installed in prescribed residential premises by or on behalf of a person residing in those premises, the resident is, at the time of vacating the premises, responsible for reinstating the residence to the same condition as it was in before the installation of the device (unless otherwise agreed with the owner or operator of the premises).