Re: [NSW] Picture Taking at Stations (Part 2)

["Rod Gayford" <rjaygee@eisa.net.au>]

I believe they would be entitled to ask you to move on but no more if you
were not actually causing a nuisance or an obstruction.  Taking film from
you would probably cause them more problems in the long run as it is
unreasonable in the circumstances.
Cheers
Rod Gayford
"Auz Viz" <ifuknowme@cwcom.net> wrote in message
95126m$3bs$1@bugstomper.ihug.com.au">news:95126m$3bs$1@bugstomper.ihug.com.au...
>
> "Rod Gayford" <rjaygee@eisa.net.au> wrote in message
> 94vl8o$ffq$1@news.eisa.net.au">news:94vl8o$ffq$1@news.eisa.net.au...
> > My view as a legally qualified person is that there is no law against
> taking
> > photos as long as you are not taking them from rail property.  There is
no
> > law against taking photos of the general public in a public place as
there
> > is no common law right to privacy.  As for taking photos from rail
> property
> > I am not sure that the possession of a valid rail ticket would cover you
> as
> > it only authorises you to travel by train and not necessarily engage in
> > activities that are not incidental to your travel.  Having said that, I
> > believe you would be extremely unlucky to be challenged if you kept your
> > photo session to a minimum and did not become a nuisance.  Nuisance has
a
> > fairly wide interpretation and the station manager probably has a wide
> > degree of discretion in deciding if someone is a nuisance.  The manager
> may
> > wish to check your purposes to ensure that you are not a press or
> commercial
> > photographer to which different protocols exist.
> >
> > You should probably click away but be diplomatic if challenged as it
> appears
> > you are a younger member of the community and may be more vulnerable
than
> > someone like me who is over 6 foot and is likely to be left alone.  I am
> not
> > sure if station staff can order you to attend the manager office but you
> > could make it clear to the staff you are attending voluntarily.  Staff
> > should not try and restrain you or force you to attend the managers etc
> > office. This is assault and unlawful arrest.  Using your discretion to
fit
> > the situation is probably the wisest course.
> > Cheers
> > Rod Gayford
> >
> Rod,
>
> As you seem to have a sensible grasp of the legalities could you hazard a
> guess as to the situation of, having taken a photograph, what rights do I
> have.  i.e can the railway arrest me, detain me, remove my film???
>
> Incidentally I believe I can take a photograph anywhere I like - I point
the
> camera and press the shutter release - the problem is that I may not be
> permitted too.  (Look up can't and may in a dictionary)
>
> I was once accosted by a heavy in a shopping centre in the UK who objected
> to me taking a picture of my mother in front of the Christmas tree (I am
49
> she is 71 by the way) - I told him I had the photo and asked what he
> intended to do.  His arm went out to grab my camera I told him clearly
that
> if he proceeded I would make an citizens arrest for common assault
whereupon
> he ran like mad to his cubby hole!!
>
> AV
>
>
>