Upskirting Laws in Australia: Criminal Nationwide Since 2020

Upskirting—non-consensual photographing/filming under a person's clothing—is a criminal offense in all Australian jurisdictions as of 2020.

National Agreement

2019: Commonwealth, state, and territory attorneys-general agreed to criminalize. Laws enacted by end of 2020.

Jurisdictional Penalties (Maximums)

• NSW (Crimes Act 1900 s91K): 2 years / 110 penalty units ($11,000)
• Victoria (Summary Offences Act 1966 s50): 12 months / 100 penalty units ($16,522)
• Queensland (Criminal Code s218.1): 3 years / 200 penalty units ($27,090)
• WA (Criminal Code s221B): 2 years / $24,000
• SA (Summary Offences Act s26B): 2 years / $10,000
• Tasmania (Criminal Code s192E): 2 years
• ACT (Crimes Act s61B): 2 years / 200 penalty units ($32,000)
• NT (Criminal Code s127A): 2 years

Common Elements

• Covers genitals, buttocks, underwear
• Without consent
• No reasonable excuse (medical, law enforcement)
• Sex offender registration possible in some jurisdictions

Enforcement

Police treat it as sexual offense. Reporting encouraged. Convictions occur—e.g., NSW 2021: 18-month suspended sentence for train upskirting.

If targeted: Preserve evidence (screenshot, don't delete), report to police, contact eSafety Commissioner for image removal.