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

["Auz Viz" <ifuknowme@cwcom.net>]

"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