Photographing children

The general rules on photographing people apply to children, with two extra layers: specific criminal offences targeting harmful conduct, and the consent regimes built into schools, sports, and supervised activities.

Criminal offences

Each jurisdiction has offences focused on the protection of children from sexual exploitation through photography. At a Commonwealth level, the production and possession of child abuse material is a serious offence under the Criminal Code Act 1995 (Cth) (Schedule, Division 474.19 et seq.). At State level, examples include the Crimes Act 1900 (NSW) and the Crimes Act 1958 (Vic), with summary-offence statutes catching less severe forms of intrusion (for example section 91L of the Summary Offences Act 1988 (NSW)).

Schools and supervised activities

Schools and supervised activities generally require working with children checks for adults in supervisory roles. In NSW this is administered under the Child Protection (Working with Children) Act 2012 (NSW). Schools usually require written parental consent before a third-party photographer is permitted to photograph identified students. The consent regime is contractual and policy-based; it is enforceable through entry conditions even if the underlying act is not statutorily prohibited.

Practical position for street and event photography

There is no Australian statute that prohibits photographing children in public for non-commercial purposes. The exposure rises sharply once the photograph is used in advertising, or if the subject is engaged in any private act or undressed. Parents and guardians can revoke implied consent at any time on private property.