Videos and sound recordings of teachers

BOB LIPSCOMBE addresses concerns about video and sound recordings.

Recently Federation has received a significant number of inquires from members concerning video and sound recordings of teachers. In some cases these inquiries have arisen as a result of plans to address security issues in the workplace by installing video surveillance equipment, while on other occasions the inquiries have related to students inappropriately recording teachers on mobile phones.

Where there are proposals to install video surveillance, the Department of Education and Training's (DET's) Legal Issues Bulletin 41, "The use of closed circuit television (CCTV) in schools, TAFE NSW institutes and DET offices," makes it clear that the principal or college manager must reach agreement with employees (or "a body representing a significant number of the employees") before the video surveillance can be installed in any part of a school or college. Teachers effectively have the power of veto and should not agree to any such surveillance unless they are happy with arrangements and have established in writing the conditions under which it will be used and the use that can be made of any recording obtained. Where agreement is reached, signs indicating the use of video surveillance must be displayed.

While recognising that video surveillance may be useful under some circumstances, Federation cautions members against agreeing to the use of video surveillance while teachers are teaching in the rooms. The risk of inappropriate use of recordings exists and may increase if personnel who have access change over time. Genuine security concerns can usually be addressed by having a system which allows for the turning on of cameras when teachers leave the rooms.

Unfortunately, generally it is not illegal for a student to make a video without sound of a teacher or anyone else in a classroom or elsewhere in a school or college without their permission. Nevertheless, where recordings are improperly made, it is possible to take action under a school or college discipline policy. Further information about this issue can be found in the DET's Legal Issues Bulletin 31, "The use of mobile phones, portable computer games, tape recorders and cameras in schools and TAFE NSW institutes."

Audio recordings of a teacher in the classroom or elsewhere in the school or TAFE college taken without the teacher's permission generally are illegal under the NSW Listening Devices Act (1984) and can attract penalties of up to $11,000. This includes audio recordings that are created when video is recorded.

Members who are unable to address concerns about these matters in their workplace should contact their Federation Organiser for further advice.

Bob Lipscombe is the Senior Vice President.

For further information

June 2007 contents