A regional Victorian tenant with six children has launched a petition calling for a ban on 360-degree video recording during routine rental inspections. The petition argues that sweeping video footage of bedrooms, personal belongings and family photos crosses a line from maintenance checks into surveillance. It has 140 signatures and is being sponsored by the Victorian Greens in the Legislative Assembly.
The Residential Tenancies Act doesn’t currently address video or photographic recording during inspections. The law allows inspections every six months to check the property’s condition, but it doesn’t specify how agents document what they see. That gap means there’s no explicit prohibition on filming an entire home, including children’s bedrooms, drawers, or personal spaces.
What agents say they need the footage for
Property managers argue that detailed visual records protect both landlords and tenants when disputes reach VCAT or court. Photos and video serve as evidence in damage claims, bond disputes, or arguments over whether a property was left in acceptable condition.
Industry representatives note that 360-degree cameras are typically used at move-in and move-out, not during routine inspections. For six-monthly checks, most agencies use standard photos or short video clips to document maintenance issues or confirm the property is being kept in reasonable condition.
The practical case for recording: inspections last 10 to 20 minutes, agents visit multiple properties in a day, and memory isn’t reliable weeks later when a landlord asks whether the kitchen benchtop had a chip or the carpet showed wear near the hallway.
The privacy argument: where quiet enjoyment ends
Tenants counter that filming entire living spaces goes beyond checking for structural defects. A video sweep captures family photos, children’s toys, book collections, bedroom layouts, and anything else that happens to be visible on the day. For families, packing away every personal item before an inspection is impractical. For renters who’ve left domestic violence situations, detailed footage of their home layout and belongings creates a safety risk if it’s stored insecurely or leaked.
Rental advocates point to multiple incidents in recent years where Australian real estate agencies’ tenant and landlord databases were accessed by unauthorised third parties and publicly leaked. If inspection footage is stored on laptops or servers with weak security, the risk extends beyond the agent’s intended use.
The petition specifically wants legislation amended to prohibit filming or photographing undamaged personal spaces, furniture, or living areas solely to assess a renter’s housekeeping or tidiness. It argues that agents can photograph specific maintenance issues without needing a full video record of how someone lives.
Callout: The legal gap
The Residential Tenancies Act allows inspections but doesn’t regulate how they’re documented. Tenants have a right to quiet enjoyment, but case law hasn’t tested whether routine video recording breaches that right. Without explicit rules, agents decide what’s reasonable and tenants have limited recourse unless they can prove the recording caused specific harm.
What could change the rules
Three paths could narrow the current gap:
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Legislative amendment: Victoria could follow the petition’s call and explicitly ban video recording of personal spaces during routine inspections, allowing only targeted photos of maintenance issues. This would require defining what counts as a personal space versus a legitimate inspection concern.
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VCAT precedent: A tenant could challenge video recording as a breach of quiet enjoyment. If VCAT ruled in their favour, it would set a precedent that shapes how agents conduct future inspections, even without a legislative change.
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Industry standard: Property management bodies could adopt voluntary guidelines that limit recording to specific defects and require agents to notify tenants in advance if video will be used. Compliance would be patchy without enforcement, but it would signal a shift in what’s considered acceptable practice.
The trade-off: stricter privacy rules reduce agents’ ability to document property condition in real time, which could make it harder to resolve disputes where evidence is contested. Landlords might push back if they feel they’re losing protection against damage claims.
Scenarios for the next twelve months
Base case: The petition generates discussion but no immediate legislative change. Agents continue using video during inspections, tenants continue objecting, and the first VCAT case that directly tests quiet enjoyment and video recording sets the direction.
Upside (for tenant privacy): The Victorian government picks up the issue in the lead-up to the November state election and commits to amending the Residential Tenancies Act. The amendment limits recording to specific defects and requires written consent for broader video documentation.
Downside: No action, and the practice becomes more widespread as 360-degree cameras get cheaper and more agencies adopt them as standard. The legal gap persists, and tenants have no clear recourse unless they can prove specific harm from the recording.
Practical question for renters facing video inspections
If your agent films during routine inspections and you’re uncomfortable, ask three questions: What’s the footage used for? How long is it stored and who has access? Can you request that certain rooms or items not be filmed?
Most agencies will agree to avoid filming children’s bedrooms or personal items if asked directly. If they refuse and you believe it breaches your right to quiet enjoyment, you can raise it with Consumer Affairs Victoria, but there’s no clear precedent yet that guarantees an outcome in your favour.
For a detailed breakdown of how tenancy disputes play out when evidence is contested, see Property prices floor: What’s really holding the bottom, which covers the mechanics of VCAT hearings and what tips decisions when documentation is incomplete.
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General info, not financial advice.
