Workplace Surveillance

Workplace Surveillance

Relevant Legislation

In NSW and the ACT, workplace surveillance is governed by specific legislation: the Workplace Surveillance Act 2005 (NSW), and the Workplace Privacy Act 2011 (ACT).

What must I do when carrying out workplace surveillance?

Both pieces of legislation prohibit employers from monitoring their employees through audio, visual, or data-related means, unless they comply with strict requirements to give their employees notice and consult with them about:

  • how the surveillance will be carried out;
  • whether it will be ongoing or for a defined period;
  • whether it will be continuous or intermittent;
  • and what the employer may do with that information, including whether they can take adverse action against the employee because of it.

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