Law checked: 18 July 2026
This article gives general information about recording police in New South Wales. It was checked on 18 July 2026 against Legal Aid NSW guidance and the current New South Wales legislation. Police powers depend on the facts, the particular statutory power being used and whether any special order, warrant or declared area applies.
Short answer
There is no general rule making it an offence merely to record police performing duties in a public place. However, recording does not excuse obstruction, trespass, breach of a lawful direction, interference with an investigation, unlawful surveillance of a private conversation, or publication restricted by another law. Relevant police-rights context is available from Legal Aid NSW guidance, while applicable offences and powers are contained in the current New South Wales legislation and surveillance, privacy and court-publication laws.
Record from a safe position
Keep distance, do not cross a police line, do not place a device in an officer’s way and comply with lawful safety directions. State calmly that you are recording and avoid narrating accusations during an active encounter. A recording made lawfully can preserve what happened, but its later publication is a separate legal question.
Preserve the original
Keep the unedited file, date and location metadata, and write down who was present. Do not assume you may publish images identifying children, protected witnesses, complainants or people subject to suppression orders. If police seek the device or footage, ask for the legal basis and obtain advice; device seizure and access are governed by specific powers, not by a general ownership claim.
Key sources
- Legal Aid NSW — police powers and rights
- New South Wales legislation database / principal police-powers legislation
- NSW Police — complaints and feedback
Important
This is general educational information, not legal advice. Police powers can arise under laws not discussed here and may change after the checked date. If an encounter is happening now, prioritise safety. If you are arrested, charged, injured or unsure whether you must comply, obtain advice from a lawyer or the legal-aid service in New South Wales.