As featured in the latest edition of Club Insight Magazine by Clubs Queensland.
CCTV is commonplace in clubs and is a requirement for some liquor licences. It can play an important role in protecting patrons, staff and club property, but may also capture conduct that results in disciplinary action against a member for an alleged breach of the club’s constitution or rules.
Where CCTV footage captures an alleged breach, it may provide valuable evidence. However, clubs need to consider how that footage can be accessed, used and disclosed, including how liquor licensing and privacy requirements interact with the obligation to afford the member natural justice.
What are the rules relating to CCTV?
The use of CCTV is governed by a range of Commonwealth and State laws.
Under the Liquor Act 1992 (Qld) (Liquor Act), specific CCTV requirements apply to certain licensed premises in the Brisbane City Council area that are authorised to sell or supply liquor after 1.00 am. Similar requirements may apply to other licensed premises where a CCTV condition has been imposed.
Sections 142AH and 148AA of the Liquor Act may, where applicable, restrict who can operate required CCTV equipment and who can view recordings at the licensed premises. These restrictions may affect how footage can be used in disciplinary proceedings.
The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) may also apply to a club, depending on its circumstances, as footage containing identifiable individuals may constitute personal information.
Under APP 6, personal information generally may only be used or disclosed for the purpose for which it was collected, unless an exception applies, such as where the individual has consented or would reasonably expect a related secondary use or disclosure.
Individuals may also have a right to request access to personal information held about them. However, exceptions apply, including where denying access is required or authorised by an Australian law.
Natural Justice in Disciplinary Proceedings
A club conducting disciplinary proceedings must ensure the member is afforded natural justice. This generally requires the member to be informed of the case against them and given a reasonable opportunity to respond to the allegations and evidence relied upon.
Simply informing a member that an incident was “captured on CCTV” may not be sufficient where the footage is material to the allegations. However, natural justice may not necessarily require providing the member with a copy of the footage, particularly where restrictions apply to its viewing, use or disclosure.
Depending on the circumstances, procedural fairness may instead be achieved by adequately informing the member of what the footage is said to show and giving them an opportunity to respond. Where access is refused, the club should carefully consider and explain the basis for that refusal.
Finding the Right Balance
Where access can lawfully be provided, clubs may consider limiting disclosure to relevant footage or still images and, where appropriate, obscuring or de-identifying other individuals. Particular care may be required where footage captures guests or others who may not have received the same information as members about how CCTV footage may be used or consented to that use.
However, addressing privacy concerns does not necessarily overcome separate restrictions under the Liquor Act or other legislation.
Therefore, clubs should review their constitution, disciplinary procedures and CCTV or privacy policies to ensure they adequately address the use of CCTV footage in disciplinary proceedings. Where there is uncertainty about whether footage can be viewed, used or disclosed, advice should be obtained before proceeding.
Final Thoughts
CCTV footage can be valuable evidence in club disciplinary proceedings, but using it is not necessarily as straightforward as pressing play.
Clubs need to balance natural justice with restrictions that may apply to the viewing, use and disclosure of CCTV recordings. Considering these issues early can help clubs conduct disciplinary proceedings fairly while reducing legal and compliance risks.
If your club would like assistance with a disciplinary matter or reviewing its constitution, disciplinary procedures or related policies, contact Matthew Bradford at Mullins Lawyers.