There are three main requirements if you plan to display, use or publish the photographs.


1. You must organise the completion of a photo release form/s if you plan to publish the photos in any form. This means that:

  • You must obtain clearance to use /publish the photographs from the people in the photograph who can be easily seen identified
  • You must provide them with some statement of the possible uses of the photographs
  • The form must be signed by the person in the photograph.


This requirement protects you from charges of invasions of privacy, and ensures that the people in the photo understand what the photos are being used for. Completion of a photo release form protects both parties.


It is most convenient if the release form can be completed when the photographs are taken, but this it is not always easy to achieve.


2. If you display or publish photos with Indigenous people in them you must provide a warning to Indigenous and Torres Strait Islanders.

  • It is important that you are aware of and respect Indigenous and Torres Strait Islander’s belief systems when taking and using Australia Day photos.
  • If you publish or display photos containing Indigenous and Torres Strait Islanders, you must include at the start of the publication advice to Indigenous and Torres Strait Islanders that the photos may contain images of deceased persons and images of places that could cause sorrow.


Both requirements 1 and 2 above apply if the shots capture clearly and closely facial detail that makes identification easy. If the shots are long shots of groups the completion of a photo release is not required.


3. You must provide the opportunity for people to decline to be photographed.

  • At large events, an announcement could be made (or a screen announcement projected) stating that photographs will be taken for publicity purposes.
  • Organisers must make it clear that there is a designated area where no photographs will be taken.
  • Organisers must announce that people who do not want to be photographed should move to a designated area where no photographs will be taken.


How to have selected photos of our local Australia Day celebrations available for people to see and enjoy

  • State and territory Australia Day councils and committees welcome receiving photographs of your event.
  • Photographs may also be posted on local council web sites. You will need seek permission for this from the local council.
  • Your local newspaper or local radio station website might publish your photographs both as a lead up to Australia Day celebrations and in a report on the event. You could be proactive by preparing ideas/notes for newspapers and then seeking some coverage.