1        POLICY

CCTV cameras have been installed in the Helensburgh-Stanwell Park SLSC building to assist with:

• providing a safe physical environment for Club members and guests attending a social function, or other activity within the Club building,
• initiating an appropriate response should an incident occur during a function or other activity,
• deterring security incidents such as theft of and damage to Club assets, or vandalism of the Club premises, and
• recording physical evidence if a crime is committed for later use by Police and other authorities.

CCTV cameras operate 24 hours per day, 7 days per week within specific areas of the building, viz the main hall and bar servery at 1^st floor level, and the 3-bay gear storage area, nippers board storage area, and keg room at ground level.  The cameras are clearly visible to people in the area, and record only visual activity.

The Policy is supported by a Code of Practice, refer Clauses 5 to 9.  The Code restricts access to the area where the control panel and recorder for the CCTV camera system is located, to a security contractor engaged by the Club, and Club Executive Committee officers, and defines how requests to share CCTV recordings with NSW Police and other authorities is managed.

The Policy and Code of Practice applies to all persons who access the Club premises for any purpose whether in the role of a volunteer or paid worker, and includes but is not limited to Club members, visitors, and person/s entering and occupying the premises as part of their volunteer activities as a Club member, attending a function, exercise or dance class, a meeting or other activity, and contractors and service providers either engaged by the Club, Wollongong City Council or by a person or organisation hiring the Club premises for a function or other reason.

This Policy and Code of Practice also applies to any contractor engaged by the Club to manage or maintain the CCTV camera system and associated access control equipment.

Appropriate signage is displayed at all entrances to the Club building, warning persons entering the building that CCTV cameras are in operation and that they may be photographed and a recording made of their access into and presence within the building.

2        PURPOSE

This document is intended to govern the use of the CCTV system installed within selected areas of the Club building as an incident risk management tool under the requirements of the Work Health and Safety Act 2011 (NSW) as well as the Workplace Surveillance Act 2005 (NSW).

The decision to install CCTV cameras was based on the following objectives:

• To deter persons attempting to enter the building with the intention of removing, damaging or interfering with Club assets when the premises are not attended, and if they do enter, to assist in their identification and potential prosecution.
• To assist in the identification of persons who cause injury or harm to Club members, visitors or service providers or who damage Club property whilst the premises are open for Club and community activities, and/or whilst attending a Club, community or private function that could include the supply and service of food and alcoholic beverages.
• To facilitate the investigation of workplace incidents involving a volunteer worker, or a contractor or service provider undertaking a task within the premises.

Note:  the term “volunteer worker” in the case of a volunteer organization is akin to a member of the organization or another person, undertaking a task in a voluntary capacity, and which iCare (the NSW Government Workers Compensation Agency) would deem to be an employer/employee relationship.

• To restrict the areas covered by CCTV surveillance to selected areas as noted in Clause 3 – Surveillance Operation Areas, and ensure CCTV cameras are focused so as not to capture images of persons outside the Club building who may be in or passing through the adjoining public recreation or parking areas, or any areas within the building accessed or occupied by Wollongong City Council lifeguards in the performance of their duties

3        SCOPE OF OPERATION

The following sections of the Club Premises are defined as Surveillance Operation Areas:

• ground level – inside the 3-bay gear storage area accessed through roller doors where IRBs, ATVs and other surf life saving and rescue equipment is stored.
• ground level – in a secured area adjacent to the male changeroom, where training boards for use by Junior Activity members are stored.
• ground level – inside the bar keg room where beer gas and temprite controls are located.
• first floor level – in the main hall area, extending from the entry doors at the eastern end, to the western end including the western emergency exit doors.
• first floor level – in the bar servery area.

For clarification, the following areas are not regarded as Surveillance Operation Areas, and CCTV cameras are not installed in these areas:

• ground level - WCC lifeguards gear storage shed and lifeguards office/amenities area,
• ground level - first aid room, and storage area beneath the stairway,
• ground level - south-eastern entrance and eastern stairway to 1^st floor level,
• ground level - male change room and female change room,
• 1^st floor level - eastern balcony, patrol/radio room, male and female amenities,
• 1^st floor level - access doorway and stairway access to 2^nd floor level, and
• 2^nd floor level - storage room, meeting room, and office.

4        Legislative Framework

(a)      Workplace Surveillance Act 2005 (NSW). 

This Act applies to camera surveillance, computer surveillance and tracking surveillance of employees. The Act regulates the use of both overt and covert surveillance and the use and disclosure of the records obtained from surveillance. 

Reference in the Act to “surveillance of employees” extends to include a member of a volunteer organisation who is at the time undertaking a task for the organisation and is in effect a “volunteer worker.” 

This Policy restricts camera surveillance to record activities of any person who accesses the building at any time, but only by overt means and whilst within or passing through a Surveillance Operations Area and solely to observe personal or property security and unlawful activity within the Club building.  The Policy does not permit use of covert surveillance at any time.

The operation of CCTV cameras is regulated by Sections 10, 11, and 16 of the Workplace Surveillance Act:

• Section 10 – Employees to be notified

This Policy and associated documentation are displayed on the Club website.

Employees, or (as discussed in this document) Club members and regular users of the Club Premises were notified by email and by notices exhibited within the Club building that CCTV cameras were being installed and will be switched on and operational from 01.12.2024.  Wollongong City Council was also notified of the commencement date of operation so that Council lifeguards and other staff members who may require to visit the Club premises can be alerted to the use of CCTV cameras.

As new members join the Club, or when contractors are engaged to undertake work within the Club building, they will be advised of the operation of CCTV cameras as part of the induction process.  

The Terms and Conditions for hire of the Club Premises by private parties for private functions, community events, etc have been amended to include reference to CCTV operations. 

• Section 11 – Cameras to be visible, and warning signage to be displayed.

To comply with this regulation, cameras have been installed so that each camera or their casing/s is clearly visible to people in any area that is under camera surveillance.  Audio is not recorded.

Standard CCTV warning signs have been installed at the entrance to each area to inform persons accessing the building that they may be under camera surveillance.

• Section 16 – Surveillance of change rooms and bathrooms prohibited.

Noted and addressed.

(b)      Surveillance Devices Act 2007 (NSW)

The Act makes it an offence to record private conversations apart from in specific and defined circumstances.  No action was taken as only overt recording of images is installed, with no audio recording.

(c)      Privacy legislation

Personal information collected by overt surveillance will be protected by restricting access to the CCTV control panel and recording equipment (password protected and accessible only to the Club contractor), and also restricting access to the room in which the equipment is located to members of the Club Executive Committee.  Audio recording of conversations is not collected.

(d)      Work Health and Safety Act 2011 (NSW)  (WH&SA)

The WH&SA promotes a Code of Practice requiring consultation, co-operation and co-ordination between management and workers. 

In regard to managing the initial installation of CCTV cameras at Stanwell Park Surf Club, this was addressed by issue of a circular email to all members 15 years of age and over advising them of the proposal, the reasons for installing cameras, and the safeguards that will in place to protect their privacy.

5        MONITORING OF CAMERA SURVEILLANCE

The CCTV system will operate and provide continuous monitoring, with archived images stored for up to 31 days, similar to that stated in Australian Standard 4806-2006: Closed Circuit Television (CCTV) – Management and Operation

This period may be extended up to 60 days when an incident has occurred or if requested by an authorised NSW Police Officer or a representative of another regulatory authority.

6        CLUB RESPONSIBILITIES

The Executive Committee is responsible for development, updating as required, and implementation of this CCTV Policy and Code of Practice.  This Policy and Code operates in parallel with an associated Building Access Control and Security Policy which defines the rights of access of individual Club officers and members to various sections of the Club Premises and is generally based on user requirements.

The Executive Committee determines and oversees the implementation of the CCTV and Access Control and Security Policies and associated procedures. 

For practical day-to-day operation and to create a degree of separation of responsibilities, the Club has entered into a contractual agreement with a licensed security contractor, to manage and maintain both the access control and security system and the CCTV camera system.  This includes:

• day to day management of the CCTV camera system and operation in accordance with relevant legislation as noted in item 4, and operational guidelines included in the Australian Standard for CCTV systems,
• ensuring the CCTV camera system is operated in accordance with this Policy and Code of Practice,
• arranging to share CCTV footage following approval from a delegated Club officer as explained below,
• monitoring the operation on the CCTV camera system on a regular basis, including checking that cameras are correctly focussed,
• immediately notifying one of the delegated Club officers of any incident or fault that in any way restricts or compromises compliance with this Policy and Code of Conduct,
• ensuring the access control system is operated in accordance with the Access Control Policy and Code of Practice, and
• arranging to code access fobs as and when required, following approval from a delegated Club officer.

The Contractor has been issued with a copy of this Policy and Procedures document.

It is Club requirement that all requests to view or obtain CCTV footage, are in writing (or sent by email) to the Club Secretary with details of time and date, and reason for the request.  On receipt the Secretary will confer with the Deputy President and either approve or decline the request.  If approved, the Deputy President will email the contractor to action the request and the footage will be provided to the requesting person or authority.  If the request is declined, the requesting person or authority may request the Club President to review the decision.

The contractor takes responsibility to only action requests on receipt of an email or other documentation from either the President, Deputy President, Secretary or Club Captain, and in doing so must comply with this CCTV Policy and/or the Access Control and Security Policy.

7        CLUB MEMBER RESPONSIBILITIES

The CCTV camera system is not to be used for personal benefit or to invade individual or group privacy, and must only be used in accordance with this Policy and Code of Practice.  Members who are suspected of conduct in breach of this Policy will be disciplined by the Club.

This Policy is posted on the Club website for perusal by members and visitors to the Surf Club.

8        SERVICING AND MAINTENANCE OF THE CCTV CAMERA SYSTEM

The Club has entered into an agreement with a Licensed Security Contractor who holds a Security Master Licence to service and maintain the CCTV camera system and associated Access Control and Security System. 

9        DISCLOSURE OF SURVEILLANCE RECORDS

The Workplace Surveillance Act 2005 (NSW) requires that any record made as a result of surveillance is not to be used or disclosed unless the disclosure is:

• For a legitimate purpose related to the legitimate business activities of the Club.
• To a member or officer of a law enforcement agency (eg Police) for use in connection with the detection, investigation or prosecution of an offence.
• For a purpose that is directly or indirectly related to the taking of civil or criminal proceedings.
• Reasonably believed to be necessary to avert an imminent threat of serious violence or of substantial damage to property.

In addition to the Licensed Security Contractor referred to in Clause 8, Club personnel who may in the course of their Club duties or responsibilities, view any images or information gathered by or from CCTV operations, are expected to ensure confidentiality of such information by not disclosing or discussing any events with any persons.  For the benefit of doubt, this means unless requested by a law enforcement officer in the performance of his/her duties, the Contractor and Club personnel will not discuss or identify any involved person or party with family or friends, or disclose any information to third parties including the media.

As noted in Clause 6, all requests for disclosure of information, must be in writing or sent by email addressed to the Secretary, who will confer with the Deputy President and either approve or decline the request. If approved, the Contractor will be advised to provide the footage to the requesting authority.

As it is in the public interest to assist law enforcement agencies to pursue their law enforcement and public protection activities, the Club’s delegated officers will assess requests for surveillance records in the absence of a warrant on a case by case basis.

In deciding whether to provide surveillance records the Club officers will balance the need with the Club’s own obligations of confidentiality to its members and the sensitive nature of legal information.

Factors that will be considered prior to disclosing surveillance records without a warrant include:

• The seriousness of the alleged offence.
• The degree of evidence available that suggests the surveillance record contains information that will assist with law enforcement.
• Whether significant personal information relating to third parties will be disclosed.
• How well sign posted the camera surveillance is i.e. will members and visitors to the area have a reasonable expectation that they will be captured in surveillance records.
• Any other concerns as the surveillance records may also include footage of members.

Attachment 1

Location of CCTV Cameras and CCTV signage  -  Stanwell Park Surf Club

Cameras are focused so as not to capture activity outside the building, or WCC lifeguards when accessing and using facilities shared with the Surf Club (first aid room, and patrol/radio room.)

Ground level: 

Two cameras are installed in the gear equipment storage area (referred to as Boat Storage) to detect intruders who enter this area with the intention of theft of, or damage to Club assets. 

One camera is installed in the Nipper gear storage area to detect intruders who enter this area with the intention of theft of, or damage to Club assets.

A camera is installed in the Keg Room with the intention of detecting any interference with bar equipment installed in this room.

 Indicates in diagrams below, the approximate location of cameras, and general focus direction.

1^st floor level

Three cameras are installed to cover the dance floor and main hall area.  Sale and consumption of alcohol is permitted in this area when a Club function is in progress, or when the premises are hired for a private function, with cameras intended to deter patron misbehaviour.  A camera is also installed in the bar servery area to record any incidents where patrons could become disrespectful or abusive towards bar staff when purchasing alcoholic and other beverages.

Cameras will also detect any intruders who enter the 1^st floor area with the intention of theft or damage to Club assets and/or the premises.

Published - 10/12/2024