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School photo consent, and which law applies to you.
It depends on whether you are a government school, and almost nothing written about school photo consent in Australia says so. A government school sits under its own state's privacy law and its department's policy. A Catholic or independent school sits under the Commonwealth Privacy Act and the Australian Privacy Principles. Different law, different regulator, different answer to the same question. This guide sorts that out, links every state department's actual policy rather than telling you to go and find it, and is explicit about which of those documents we opened ourselves.
Written 8 September 2026 by Clayton Hackett. The national position and the NSW and Queensland material were read directly on that date. The other state policies are linked rather than summarised, and the method section says which is which. Not legal advice.
Two schools, two bodies of law.
This is the fork every other page on school photo consent walks straight past, and getting it wrong means reading advice written about a law that does not apply to you.
Government school
Your state's privacy law, and your department's policy
The privacy regulator states it plainly: the Privacy Act "is a federal law which does not cover local, state or territory government agencies", and most states have their own equivalent covering their public sector.
So a state school is not an APP entity. Your obligations come from your state's privacy Act and, in practice, from your department's own photography policy, which is usually more specific than the legislation anyway.
Western Australia and South Australia have no specific state privacy legislation at all, which the regulator also says outright. Departmental policy does more of the work there, not less.
Catholic or independent school
The Commonwealth Privacy Act, and the APPs
A non-government school is an organisation rather than a government agency, so the Privacy Act and the Australian Privacy Principles apply to it directly.
And the small business exemption does not save you. The regulator lists who is covered regardless of turnover, a health service provider is first on that list, and its own examples of a health service provider end with "a private school or a childcare centre".
Which means the consent rules in our consent guide apply to you as written, including what the regulator says about bundling every use into one tick.
Two things are true for both. The eSafety Commissioner's advisory is written for all schools regardless of sector. And whatever the law says, the thing that identifies a student in a photograph is the same: the uniform, the name, the location, the routine.
Your state's own policy, linked.
Every page on this subject tells you to check your department's policy and none of them link one. Here they are. We have marked which documents we opened and read ourselves, because a page that quotes eight policies it never opened is worse than useless.
| State | Privacy law for the public sector | Regulator | Department photo policy |
|---|---|---|---|
| NSW | Privacy and Personal Information Protection Act 1998, and the Health Records and Information Privacy Act 2002 | NSW Information and Privacy Commission | Photographs and recordings read by us |
| VIC | Privacy and Data Protection Act 2014 | Office of the Victorian Information Commissioner | Photographing, Filming and Recording Students, plus a separate policy for staff |
| QLD | Information Privacy Act 2009 | Queensland Office of the Information Commissioner | Obtaining and managing student and individual consent read by us |
| WA | No specific state privacy legislation | None for privacy generally | Students Online in Public Schools Procedures |
| SA | No specific legislation. Information Privacy Principles, administered by the SA privacy committee | SA privacy committee | Media Consent Form, Child/Student (PDF) |
| TAS | Personal Information Protection Act 2004 | Tasmanian Ombudsman | Social Media Policy and Procedure (PDF) |
| NT | Information Act 2002 | Office of the Information Commissioner NT | Not linked here. Check with your department. |
| ACT | Information Privacy Act 2014 | ACT Privacy Commissioner, appointed 1 July 2024 | Not linked here. Check with your department. |
Privacy law and regulator columns are from the OAIC's own page on state and territory privacy legislation, updated 1 December 2025. Policy documents marked "read by us" were opened and quoted below. The others are linked so you can open the real thing rather than read our summary of it, which is more than we can honestly offer for a document we have not read.
What the two we read actually say.
NSW and Queensland, quoted rather than characterised. They are useful beyond their own borders, because they show what a department that has thought about this actually asks for, and both land on the same thing.
New South Wales
- "As a general rule, schools should obtain consent before photographing or videoing students."
- "When staff take photographs and video recordings at school excursions and school events, they should use a school device."
- A general permission should identify "each school publication in which student photographs will appear" and let families "consent or object to each".
- "It is good practice to renew the general permission each year."
- Where a student cannot be removed from footage, "it may be possible to limit distribution of the video or pixilate the student's image".
- The student's own permission, not just a parent's, should be sought where they live independently, where a senior student's image appears in something like a yearbook, and where a high school student is prominently featured and may object.
Queensland
- The consent form must name the actual destinations: "list the school's website, Facebook, YouTube, Instagram, Twitter and LinkedIn accounts, as appropriate".
- "Remind parent/carers that it is not compulsory to provide consent and there are no penalties if consent is withheld."
- Students under 18 living independently, with sufficient maturity to understand how the material will be used, may sign the form themselves.
- Limitations on a consent must be recorded and "considered before using or disclosing the students' image or material for an intended purpose".
Two departments, two states, and both arrive at the same place: name the destinations, let families answer each one separately, and write the limits down where whoever posts can see them.
That is the same conclusion the Commonwealth regulator reaches from the other direction when it warns about bundling multiple uses into a single tick. When state policy and federal guidance agree, the one-box permission slip is not a grey area.
The bit that is different from a childcare centre.
In a nursery room the parent decides and that is the end of it. In a secondary school it is not, and both of the department policies we read say so in their own way.
The Commonwealth guidance sets the general principle for non-government schools: there is no age fixed in law, capacity is assessed on whether the person has "sufficient understanding and maturity to understand what is being proposed", and where assessing each student individually is not practicable, a school may presume that someone aged 15 or over has capacity to consent, and someone under 15 does not.
NSW arrives at something similar from a policy direction, asking for the student's own permission where they live independently, where a senior student appears in a yearbook, or where a high school student is prominently featured and might object. Queensland lets a student under 18 living independently sign the form themselves if they have the maturity to understand it.
Practically, that means a Year 11 student who does not want to be the face of your open day campaign gets a say, whatever their parent signed at enrolment. Which is worth building into the form rather than discovering the week the campaign goes out.
How we checked this, and what we did not check
- Read and quoted by us on 8 September 2026: the OAIC's state and territory privacy legislation page (updated 1 December 2025), which is where the government versus non-government split and the whole regulator table comes from; the NSW Department of Education photographs and recordings bulletin; and the Queensland consent procedure.
- Linked but not read by us: the Victorian, Western Australian, South Australian and Tasmanian documents. They are in the table because a link to the real policy is worth more than nothing, and they are not quoted or characterised anywhere on this page because we have not opened them. If you want to know what your state says, that link is the answer and this page is not.
- Something we dropped. Our research turned up a striking line attributed to the NSW policy about social media consent applying even where a student is not identifiable. We went looking for it in the document and it is not there, so it is not on this page. Mentioning that is more useful to you than quietly leaving it out.
- Not covered here: the Northern Territory and ACT department policies, which we have not located, and anything about students in out of home care or subject to court orders, which is real, important, and not something a software company should be writing about.
- This is not legal advice. It is a map of which document to open, with the two we read quoted directly. Your department's policy and your own legal adviser outrank everything here.
Who wrote it
We make software that blurs faces and clears photos. It does nothing to help you work out which law applies to your school, which is why that is the first half of this page and the product is at the end of it.
What people ask about school photo consent.
Only if you are non-government. The privacy regulator says the Privacy Act is a federal law that does not cover local, state or territory government agencies, and that most states have equivalent legislation covering their own public sector. So a state school sits under its state's privacy Act and its department's policy. A Catholic or independent school is an organisation under the Commonwealth Act and is bound by the Australian Privacy Principles, and the small business turnover exemption does not help, because the regulator's own examples of a health service provider covered regardless of turnover end with "a private school or a childcare centre".
With consent that actually covers that channel, yes. Queensland's procedure is the clearest example we read: the consent form has to name the school's actual accounts, listing the website, Facebook, YouTube, Instagram, Twitter and LinkedIn as appropriate, rather than asking for blanket permission to publish. NSW asks for a general permission that identifies each publication and lets families consent or object to each one separately. A form that says "for school purposes" and nothing more is not doing that job, whichever state you are in.
Any tool that flattens the blur into the exported file will do it, including our free browser one, which runs on your own device without uploading the photo. The NSW policy itself suggests pixelating a student's image as an option where they cannot be removed from footage. Two cautions. Blurring is the right answer for a student caught incidentally rather than for one whose family has actively declined, because a blurred student is still recognisably their child in your post. And a face is only one of the things that identifies someone: a uniform, a name in the caption, a room or a routine will do it just as well.
In secondary school, their view should count. The Commonwealth guidance says there is no age fixed in law, that capacity turns on whether the person has sufficient understanding and maturity to understand what is proposed, and that where assessing each individually is not practicable an entity may presume someone aged 15 or over has capacity and someone under 15 does not. NSW asks for the student's own permission where they live independently, where a senior student appears in something like a yearbook, and where a high school student is prominently featured and might object. Queensland lets a student under 18 living independently sign the form themselves. Build a line for it into the form rather than discovering it the week a campaign goes out.
No state we read makes it a hard requirement, and NSW puts it as "it is good practice to renew the general permission each year". The Commonwealth guidance for non-government schools does not set a period either, but it does say consent given at a particular time cannot be assumed to endure indefinitely, and that it is good practice to tell people how long you will rely on it. So the honest answer is that an annual pass is not a legal deadline, it is the cheapest way to avoid relying on a signature nobody has looked at since 2022. What genuinely does need a fresh ask is a new use, such as a platform that did not exist on the original form.
Check your own department's policy, because this is exactly the sort of thing that differs. NSW says that when staff take photographs and video at excursions and school events, they should use a school device. Note that schools are in a different position from childcare here: the rules that started on 27 February 2026 restricting personal devices apply to centre-based education and care services under the National Quality Framework, not to schools. If you run both, do not assume one rule covers the site.
NSW's position is that nothing in its privacy Act stops parents taking photographs or video at school events, but that schools need to advise them to consult the parents of other students captured in the footage before putting it on social media or anywhere else publicly accessible. That is a reasonable model regardless of state: you are not policing family photography, you are setting an expectation before the concert rather than after it. A line in the newsletter the week before does most of the work.
Ask them, and take a no seriously. Between January and March 2026 the eSafety Commissioner received more than 100 reports about anonymous accounts targeting schools and school staff, and much of that was staff headshots turned into fake videos, teacher rating accounts and memes about principals and teachers. Many of those reports went through the adult scheme, where the threshold is higher, and eSafety says plainly it may be unable to seek removal of a non-sexual fake at all. Victoria is the only state we found with a separate policy for photographing staff, which suggests most of the sector has not caught up with this yet.
Blur a student face in about two minutes.
Free, in your browser, with the photo never leaving your device. Which matters more for a school than for most people, because the original is the file everything else gets made from.
Blur student faces freeNo account, no upload. There is a free school photo consent form too, and the posting guide covers what else in a photo identifies a student.