Indeed, if similar actions are brought, councils across NSW may be forced to turn-off their CCTV cameras putting residents and business at risk in addition to limiting the evidence-gathering tools to pursue those who break the law.

I foreshadow that I will be taking this matter up in Parliament this week and will be seeking the support of the Premier to introduce the first Private Members Bill of any O’Farrell Government Member in order to correct this decision.

Occasional local resident Adam Bonner brought the action in the ADT against Shoalhaven City Council claiming that the capturing of his image by the Council breaches privacy legislation on the grounds that he did not consent to his image being captured.

Mr Bonner made an application under the Government Information (Public Access) Act (the new Freedom of Information legislation) to obtain footage of him being captured on the council’s cameras.

PREVIOUS BLOG: Fixing the mess left by Labor

Putting aside that Mr Bonner has had no issue posing for photographs for the local newspaper as part of media associated with his campaign, I am all too aware of Mr Bonner’s opposition; indeed, I was the Deputy Mayor of Shoalhaven City Council that pushed for and had the cameras successfully installed in the Nowra CBD.

Shoalhaven City Council argued that Section 24 of the NSW Local Government Act gives Councils the authority to operate a CCTV system. The section states:

- the Council may provide goods, services and facilities, and carry out activities, appropriate to the current and future needs within its local community and of the wider public, subject to this Act, the regulations and any other law.

Whilst the ADT seems relaxed about police utilising CCTV footage, the ADT has rejected that section 24 of the Local Government Act gives the council sufficient scope to utilise cameras for law enforcement. Interestingly, the judge was satisfied that s24 did allow the council the opportunity to conduct ‘‘crime prevention’’ activities – but not ‘‘law enforcement’’ – obviously the judge hasn’t received a parking ticket in some time.

Shoalhaven City Council secured a grant from the Howard Government to install CCTV cameras in the Nowra CBD. Under a memorandum of understanding with the police, the CCTV monitoring and recordings were held at the Nowra police station could be accessed when required. The CCTV cameras, footage and equipment are the property of Shoalhaven City Council.

Whilst I certainly believe that individuals have a right to privacy, in the case of activities in public places there is a competing need for public safety. Whilst some may perceive CCTV cameras to be an invasion of personal privacy, there is, in my opinion a greater public need and interest for safety and security.

CCTV cameras act as a deterrent to crime and provide a very useful evidence gathering tool when crime has been committed. Whilst CCTV cameras may not prevent crime, they are part of the tapestry of measures that police can use to expeditiously pursue justice.

What civil libertarians forget when arguing the statistical evidence around CCTV and crime prevention is that so many crimes may never be resolved or solved if it wasn’t for the undeniable evidence that CCTV can provide. The camera never lies!

We saw recently in the Boston bombing case that terrorists may well have proceeded to kill more innocent people if it weren’t for vital evidence captured on CCTV. These images resulted in the swift apprehension of suspects.

Closer to home; essential evidence in the Jill Meagher case was vital in pursuing and capturing Ms Meagher’s rapist and murderer.

The ADT has said that an apology to Mr Bonner is warranted in view of the invasion of his privacy. Mr Bonner has said that my name should be added to the list of those who should present an apology to him for the actions I have taken in seeing the cameras installed.

He won’t be getting one.

What I can guarantee Mr Bonner and the rest of my constituents is that I will be unrelenting in pursuing this matter in Parliament to ensure that commonsense prevails.

I will be pursing this issue in the interest of every resident who has the right to feel safe on our streets.

I will be pursuing this issue in the interest of businesspeople who have had enough of shop fronts being destroyed or vandalised.

If you are doing nothing wrong – you have absolutely nothing to hide and I deeply resent that one individual believes that his privacy is far more important than the safety and security of thousands of others.

Now, according the ADT, that claim to privacy by Mr Bonner isn’t just correct, they're lawful.

Therefore - the law must change.

Having spoken with the Premier over the weekend, he has offered nothing but his complete support to review and address this matter – for which I am deeply grateful. Like the Premier, I believe that CCTV cameras present no intrusion or invasion of my privacy in public places. Whilst I would like to think we could live in a society that wouldn’t require surveillance, the State’s laws must reflect practical realities and not ideological eccentricities.

 Gareth Ward is the State Member for Kiama and a former Deputy Mayor and Councillor on Shoalhaven City Council

Email: kiama@parliament.nsw.gov.au