{"id":"nsw:act-2005-047","name":"Workplace Surveillance Act 2005","slug":"workplace-surveillance-act-2005","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"47 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174990,"registerId":"nsw-nsw:act-2005-047-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> at work—see section 5.\n> \n> camera includes an electronic device capable of monitoring or recording visual images of activities on premises or in any other place.\n> \n> covert surveillance means surveillance of an employee while at work for an employer carried out or caused to be carried out by the employer and not carried out in compliance with the requirements of Part 2.\n> \n> covert surveillance authority means an authority issued under Part 4.\n> \n> employee has the same meaning as in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) and includes—\n> \n> > (a) a bailee of a public vehicle or a carrier under Chapter 6 (Public vehicles and carriers) of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), and\n> \n> > (b) a person performing voluntary work (that is, a person performing work without remuneration, reward or obligation).\n> \n> employer has the same meaning as in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) and includes—\n> \n> > (a) in the case of an employee who is a bailee of a public vehicle or a carrier under Chapter 6 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)—the bailor of the public vehicle or the principal contractor under that Chapter, and\n> \n> > (b) a person for whom an employee performs voluntary work, and\n> \n> > (c) another person for whom an employee performs work pursuant to any contract or other arrangement between that other person and the employee’s employer (such as a labour hire contract).\n> > \n> > Note.\n> > \n> > Paragraph (c) can result in an employee having 2 employers for the purposes of this Act—the employee’s actual employer and another person for whom the employee is doing work under (for example) a labour hire contract between that other person and that employer.\n> \n> employer’s representative means a person authorised by an employer to act on behalf of the employer for the purposes of this Act.\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> Judge means a Judge of the Local Court.\n> \n> law enforcement agency means any of the following—\n> \n> > (a) the NSW Police Force,\n> \n> > (b) a police force or police service of another State or a Territory,\n> \n> > (c) the Australian Federal Police,\n> \n> > (d) the Law Enforcement Conduct Commission,\n> \n> > (e) the Independent Commission Against Corruption,\n> \n> > (f) the New South Wales Crime Commission,\n> \n> > (g) the Australian Crime Commission,\n> \n> > (h) the Department of Corrective Services,\n> \n> > (i) the Department of Juvenile Justice,\n> \n> > (j) any other authority or person responsible for the enforcement of the criminal laws of the Commonwealth or of the State,\n> \n> > (k) a person or body prescribed for the purposes of this definition by the regulations.\n> \n> related corporation, in relation to an employer that is a corporation, means a corporation that is, with respect to the employer, a related body corporate within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> surveillance of an employee means surveillance of an employee by any of the following means—\n> \n> > (a) camera surveillance, which is surveillance by means of a camera that monitors or records visual images of activities on premises or in any other place,\n> \n> > (b) computer surveillance, which is surveillance by means of software or other equipment that monitors or records the information input or output, or other use, of a computer (including, but not limited to, the sending and receipt of emails and the accessing of Internet websites),\n> \n> > (c) tracking surveillance, which is surveillance by means of an electronic device the primary purpose of which is to monitor or record geographical location or movement (such as a Global Positioning System tracking device).\n> \n> Note.\n> \n> This Act does not apply to surveillance by means of a listening device. See section 4 (3) of the [Surveillance Devices Act 2007](/view/html/inforce/current/act-2007-064). Camera surveillance that is regulated by this Act will also be regulated by the [Surveillance Devices Act 2007](/view/html/inforce/current/act-2007-064) if the camera is used to record a private conversation.\n> \n> surveillance information means information obtained, recorded, monitored or observed as a consequence of surveillance of an employee.\n> \n> surveillance record means a record or report of surveillance information.\n> \n> surveillance supervisor, in relation to a covert surveillance authority, means a person named in the authority as a person who is to be responsible for the oversight of the conduct of the covert surveillance authorised by the authority.\n> \n> unlawful activity means an act or omission that constitutes an offence against a law of this State or the Commonwealth.\n> \n> work means work as an employee.\n> \n> Note.\n> \n> See section 5 for the meaning of “at work”.\n> \n> workplace means premises, or any other place, where employees work, or any part of such premises or place.\n> \n> Note.\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> **s 3:** Am 2006 No 94, Sch 3.37; 2007 No 64, Sch 2.9; 2016 No 61, Sch 6.48; 2025 No 61, Sch 2.92\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extended meaning of “employer” when corporations related","content":"#### 4 Extended meaning of “employer” when corporations related\n\n4 Extended meaning of “employer” when corporations related\n\n> If an employer is a corporation that has one or more related corporations, this Act operates in relation to employees of any such related corporation as if they were also employees of the employer, with the result that a reference in this Act to an employer’s employees includes employees of a related corporation of the employer.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of “at work”","content":"#### 5 Meaning of “at work”\n\n5 Meaning of “at work”\n\n> > (1) For the purposes of this Act, an employee is at work for an employer when the employee is—\n> > \n> > > (a) at a workplace of the employer (or a related corporation of the employer) whether or not the employee is actually performing work at the time, or\n> > \n> > > (b) at any other place while performing work for the employer (or a related corporation of the employer).\n> \n> > (2) An employee who is a bailee of a public vehicle or a carrier under Chapter 6 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) is considered to be performing work for the employer while engaged under the contract of bailment or carriage concerned.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act to bind Crown","content":"#### 6 Act to bind Crown\n\n6 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Notes","content":"#### 7 Notes\n\n7 Notes\n\n> Notes included in this Act do not form part of this Act.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Relationship with WHS Act","content":"#### 8 Relationship with WHS Act\n\n8 Relationship with WHS Act\n\n> A requirement imposed by or under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) does not limit or otherwise affect the operation of this Act.\n> \n> **s 8:** Am 2011 No 67, Sch 4.32.","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Notification of workplace surveillance of employees","content":"# Part 2 Notification of workplace surveillance of employees\n\nPart 2 Notification of workplace surveillance of employees\n\nNote.\n\nSurveillance of an employee that does not comply with this Part is covert surveillance (see the definition of covert surveillance). Covert surveillance of an employee is an offence unless the surveillance is authorised by a covert surveillance authority (see Part 4).","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Application of Part","content":"#### 9 Application of Part\n\n9 Application of Part\n\n> This Part applies to the surveillance of an employee carried out or caused to be carried out by the employee’s employer while the employee is at work for the employer.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Notice of surveillance required","content":"#### 10 Notice of surveillance required\n\n10 Notice of surveillance required\n\n> > (1) Surveillance of an employee must not commence without prior notice in writing to the employee.\n> > \n> > Note.\n> > \n> > Subsection (6) provides for an exception to the notice requirement.\n> \n> > (2) The notice must be given at least 14 days before the surveillance commences. An employee may agree to a lesser period of notice.\n> \n> > (3) If surveillance of employees at work for an employer has already commenced when an employee is first employed, or is due to commence less than 14 days after an employee is first employed, the notice to that employee must be given before the employee starts work.\n> \n> > (4) The notice must indicate—\n> > \n> > > (a) the kind of surveillance to be carried out (camera, computer or tracking), and\n> > \n> > > (b) how the surveillance will be carried out, and\n> > \n> > > (c) when the surveillance will start, and\n> > \n> > > (d) whether the surveillance will be continuous or intermittent, and\n> > \n> > > (e) whether the surveillance will be for a specified limited period or ongoing.\n> \n> > (5) Notice by email constitutes notice in writing for the purposes of this section.\n> \n> > (6) Notice to an employee is not required under this section in the case of camera surveillance at a workplace of the employer that is not a usual workplace of the employee.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Additional requirements for camera surveillance","content":"#### 11 Additional requirements for camera surveillance\n\n11 Additional requirements for camera surveillance\n\n> Camera surveillance of an employee must not be carried out unless—\n> \n> > (a) cameras used for the surveillance (or camera casings or other equipment that would generally indicate the presence of a camera) are clearly visible in the place where the surveillance is taking place, and\n> \n> > (b) signs notifying people that they may be under surveillance in that place are clearly visible at each entrance to that place.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Additional requirements for computer surveillance","content":"#### 12 Additional requirements for computer surveillance\n\n12 Additional requirements for computer surveillance\n\n> Computer surveillance of an employee must not be carried out unless—\n> \n> > (a) the surveillance is carried out in accordance with a policy of the employer on computer surveillance of employees at work, and\n> \n> > (b) the employee has been notified in advance of that policy in such a way that it is reasonable to assume that the employee is aware of and understands the policy.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Additional requirements for tracking surveillance","content":"#### 13 Additional requirements for tracking surveillance\n\n13 Additional requirements for tracking surveillance\n\n> Tracking surveillance of an employee that involves the tracking of a vehicle or other thing must not be carried out unless there is a notice clearly visible on the vehicle or other thing indicating that the vehicle or thing is the subject of tracking surveillance.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Exemption for certain surveillance by agreement","content":"#### 14 Exemption for certain surveillance by agreement\n\n14 Exemption for certain surveillance by agreement\n\n> Surveillance of an employee is taken to comply with the requirements of this Part if the employee (or a body representing a substantial number of employees at the workplace) has agreed to the carrying out of surveillance at the premises or place where the surveillance is taking place for a purpose other than surveillance of employees and the surveillance is carried out in accordance with that agreement.","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Prohibited surveillance","content":"# Part 3 Prohibited surveillance\n\nPart 3 Prohibited surveillance","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Surveillance of change rooms and bathrooms prohibited","content":"#### 15 Surveillance of change rooms and bathrooms prohibited\n\n15 Surveillance of change rooms and bathrooms prohibited\n\n> An employer must not carry out, or cause to be carried out, any surveillance of an employee of the employer in any change room, toilet facility or shower or other bathing facility at a workplace.\n> \n> Maximum penalty—50 penalty units.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Prohibition on surveillance using work surveillance device while employee not at work","content":"#### 16 Prohibition on surveillance using work surveillance device while employee not at work\n\n16 Prohibition on surveillance using work surveillance device while employee not at work\n\n> > (1) An employer must not carry out, or cause to be carried out, surveillance of an employee of the employer using a work surveillance device when the employee is not at work for the employer unless the surveillance is computer surveillance of the use by the employee of equipment or resources provided by or at the expense of the employer.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A work surveillance device is a device used for surveillance of the employee when at work for the employer.\n> \n> > (3) This section does not apply to the carrying out, or causing to be carried out, of surveillance by an employer that is a law enforcement agency.\n> \n> **s 16:** Am 2005 No 98, Sch 1.25 \\[1\\].","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Restrictions on blocking emails or Internet access","content":"#### 17 Restrictions on blocking emails or Internet access\n\n17 Restrictions on blocking emails or Internet access\n\n> > (1) An employer must not prevent, or cause to be prevented, delivery of an email sent to or by, or access to an Internet website by, an employee of the employer unless—\n> > \n> > > (a) the employer is acting in accordance with a policy on email and Internet access that has been notified in advance to the employee in such a way that it is reasonable to assume that the employee is aware of and understands the policy, and\n> > \n> > > (b) in addition, in the case of the preventing of delivery of an email, the employee is given notice (a prevented delivery notice) as soon as practicable by the employer, by email or otherwise, that delivery of the email has been prevented, unless this section provides that a prevented delivery notice is not required.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) An employee is not required to be given a prevented delivery notice for an email if delivery of the email was prevented in the belief that, or by the operation of a program intended to prevent the delivery of an email on the basis that—\n> > \n> > > (a) the email was a commercial electronic message within the meaning of the [Spam Act 2003](http://www.legislation.gov.au/) of the Commonwealth, or\n> > \n> > > (b) the content of the email or any attachment to the email would or might have resulted in an unauthorised interference with, damage to or operation of a computer or computer network operated by the employer or of any program run by or data stored on such a computer or computer network, or\n> > \n> > > (c) the email or any attachment to the email would be regarded by reasonable persons as being, in all the circumstances, menacing, harassing or offensive.\n> \n> > (3) An employee is not required to be given a prevented delivery notice for an email sent by the employee if the employer was not aware (and could not reasonably be expected to be aware) of the identity of the employee who sent the email or that the email was sent by an employee.\n> \n> > (4) An employer’s policy on email and Internet access cannot provide for preventing delivery of an email or access to a website merely because—\n> > \n> > > (a) the email was sent by or on behalf of an industrial organisation of employees or an officer of such an organisation, or\n> > \n> > > (b) the website or email contains information relating to industrial matters (within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)).","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Restrictions on use and disclosure of surveillance records—notified surveillance","content":"#### 18 Restrictions on use and disclosure of surveillance records—notified surveillance\n\n18 Restrictions on use and disclosure of surveillance records—notified surveillance\n\n> An employer who carries out or causes to be carried out the surveillance of an employee of the employer while the employee is at work for the employer, not being covert surveillance, must ensure that any surveillance record made as a result of that surveillance is not used or disclosed unless that use or disclosure is—\n> \n> > (a) use or disclosure for a legitimate purpose related to the employment of employees of the employer or the legitimate business activities or functions of the employer, or\n> \n> > (b) disclosure to a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence, or\n> \n> > (c) use or disclosure for a purpose that is directly or indirectly related to the taking of civil or criminal proceedings, or\n> \n> > (d) use or disclosure that is reasonably believed to be necessary to avert an imminent threat of serious violence to persons or of substantial damage to property.\n> \n> Maximum penalty—20 penalty units.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Covert surveillance of employees at work","content":"# Part 4 Covert surveillance of employees at work\n\nPart 4 Covert surveillance of employees at work","sortOrder":21},{"sectionNumber":"Division 1","sectionType":"division","heading":"Restrictions on covert surveillance","content":"## Division 1 Restrictions on covert surveillance\n\nDivision 1 Restrictions on covert surveillance","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Covert surveillance prohibited without covert surveillance authority","content":"#### 19 Covert surveillance prohibited without covert surveillance authority\n\n19 Covert surveillance prohibited without covert surveillance authority\n\n> An employer must not carry out, or cause to be carried out, covert surveillance of an employee while the employee is at work for the employer unless the surveillance is authorised by a covert surveillance authority.\n> \n> Maximum penalty—50 penalty units.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"What covert surveillance authority authorises","content":"#### 20 What covert surveillance authority authorises\n\n20 What covert surveillance authority authorises\n\n> > (1) A covert surveillance authority that is issued to an employer or employer’s representative authorises the covert surveillance generally of any employees while at work for the employer but only for the purpose of establishing whether or not one or more particular employees are involved in any unlawful activity while at work for the employer.\n> \n> > (2) The authority conferred is subject to the following conditions—\n> > \n> > > (a) a condition that the conduct of the covert surveillance authorised by the authority must be overseen by a surveillance supervisor for the authority,\n> > \n> > > (b) any other conditions imposed on the authority by or under this Act.\n> \n> > (3) A covert surveillance authority does not authorise the carrying out, or causing to be carried out, of covert surveillance of any employee—\n> > \n> > > (a) for the purpose of monitoring the employee’s work performance, or\n> > \n> > > (b) in any change room, toilet facility or shower or other bathing facility.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Exceptions—law enforcement, correctional centres, courts, casino","content":"#### 21 Exceptions—law enforcement, correctional centres, courts, casino\n\n21 Exceptions—law enforcement, correctional centres, courts, casino\n\n> It is not an offence under this Part—\n> \n> > (a) for a member or officer of a law enforcement agency to carry out, or cause to be carried out, surveillance in the exercise of a function conferred or imposed on the member or officer by or under any other Act or law, or\n> \n> > (b) for a person to carry out, or cause to be carried out, camera surveillance in a correctional centre or in any other place where a person is in lawful custody, or\n> \n> > (c) for a person to carry out, or cause to be carried out, camera surveillance for the purpose of monitoring operations carried out in a casino in accordance with the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015), or\n> \n> > (d) for a person to carry out, or cause to be carried out, camera surveillance of any legal proceedings or proceedings before a law enforcement agency in the exercise of a function conferred or imposed on the person by or under any other Act or law.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Defence—surveillance for security of the workplace","content":"#### 22 Defence—surveillance for security of the workplace\n\n22 Defence—surveillance for security of the workplace\n\n> > (1) It is a defence to a prosecution for an offence against this Part involving the covert surveillance of an employee at a workplace of an employer for the employer to prove that—\n> > \n> > > (a) the surveillance was carried out, or caused to be carried out, solely for the purpose of ensuring the security of the workplace or persons in it and that surveillance of any employee was extrinsic to that purpose, and\n> > \n> > > (b) there was a real and significant likelihood of the security of the workplace or persons in it being jeopardised if covert surveillance was not carried out, and\n> > \n> > > (c) the employer notified employees at the workplace (or a body representing a substantial number of the employees) in writing of the intended surveillance for that purpose before it was carried out.\n> \n> > (2) Evidence of any surveillance record made as a consequence of surveillance of employees in the workplace for the purpose referred to in this section that is unrelated to the security of the workplace or persons in the workplace is not to be admitted in evidence in any disciplinary or legal proceedings against an employee unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been obtained in the way in which the evidence was obtained.","sortOrder":26},{"sectionNumber":"Division 2","sectionType":"division","heading":"Covert surveillance authorities","content":"## Division 2 Covert surveillance authorities\n\nDivision 2 Covert surveillance authorities","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Application for covert surveillance authority","content":"#### 23 Application for covert surveillance authority\n\n23 Application for covert surveillance authority\n\n> > (1) An employer or employer’s representative may apply to a Judge for the issue to the employer of an authority authorising covert surveillance generally of employees while at work for the employer for the purpose of establishing whether one or more particular employees are involved in any unlawful activity while at work for the employer.\n> \n> > (2) The application for the authority must include the following—\n> > \n> > > (a) a statement of the grounds the employer or employer’s representative has for suspecting that a particular employee is or employees are involved in unlawful activity, together with the names of those employees (unless it is not practicable to name them),\n> > \n> > > (b) a statement as to whether other managerial or investigative procedures have been undertaken to detect the unlawful activity and what has been their outcome,\n> > \n> > > (c) the names of the employees or (if it is not practicable to name them) a description of the group or class of employees who will regularly or ordinarily be the subject of the covert surveillance,\n> > \n> > > (d) a description of the premises, place, computer, vehicle or other thing that will regularly or ordinarily be the subject of the covert surveillance,\n> > \n> > > (e) a statement as to the kind of covert surveillance (camera, computer or tracking) that is proposed to be conducted,\n> > \n> > > (f) the dates and times during which the covert surveillance is proposed to be conducted,\n> > \n> > > (g) a statement as to whether any previous application for a covert surveillance authority has been made in respect of the proposed covert surveillance and a statement as to the results of the application and of any covert surveillance conducted under a covert surveillance authority issued as a result of the previous application,\n> > \n> > > (h) in the case of an application made by an employer’s representative, verification acceptable to the Judge of the employer’s authority for the person to act as an employer’s representative for the purposes of the covert surveillance operation.\n> \n> > (3) The regulations may require an application for an authority to include other specified information and may require the application to be in a form prescribed by the regulations.\n> \n> > (4) An application for an authority must also nominate one or more persons to oversee the conduct of covert surveillance to be authorised by the authority.\n> \n> > (5) A Judge must not issue an authority unless the information given by the applicant in or in connection with the application is verified before the Judge on oath or affirmation or by affidavit.\n> \n> > (6) A Judge may administer an oath or affirmation or take an affidavit for the purposes of an application for an authority.\n> \n> > (7) The applicant must provide (either orally or in writing) such further information as the Judge requires concerning the grounds on which the authority is being sought.\n> \n> **s 23:** Am 2025 No 61, Sch 2.92\\[2\\].","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Dealing with application","content":"#### 24 Dealing with application\n\n24 Dealing with application\n\n> An application for a covert surveillance authority must be dealt with in the absence of the public but is otherwise to be dealt with, subject to this Part and the regulations, in such manner as is decided by the Judge to whom the application is made.\n> \n> **s 24:** Am 2025 No 61, Sch 2.92\\[2\\].","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Grounds for issue of covert surveillance authority","content":"#### 25 Grounds for issue of covert surveillance authority\n\n25 Grounds for issue of covert surveillance authority\n\n> > (1) A Judge must not issue a covert surveillance authority unless the Judge is satisfied that the application for the authority shows that reasonable grounds exist to justify its issue.\n> \n> > (2) When determining whether there are reasonable grounds to issue a covert surveillance authority, a Judge must have regard to the seriousness of the unlawful activity with which the application is concerned.\n> \n> > (3) When determining whether there are reasonable grounds to issue a covert surveillance authority authorising covert surveillance of a recreation room, meal room or any other area at a workplace where employees are not directly engaged in work, a Judge must have regard to the affected employees’ heightened expectation of privacy when in such an area.\n> \n> **s 25:** Am 2025 No 61, Sch 2.92\\[2\\].","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Privacy must be considered","content":"#### 26 Privacy must be considered\n\n26 Privacy must be considered\n\n> A Judge must not issue a covert surveillance authority unless the Judge has had regard to whether covert surveillance of the employee or employees concerned might unduly intrude on their privacy or the privacy of any other person.\n> \n> **s 26:** Am 2025 No 61, Sch 2.92\\[2\\].","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Surveillance supervisor","content":"#### 27 Surveillance supervisor\n\n27 Surveillance supervisor\n\n> > (1) When a Judge issues a covert surveillance authority, the Judge is to designate one or more persons to be surveillance supervisors for the authority, to oversee the conduct of surveillance operations under the authority.\n> \n> > (2) The Judge is not to designate a person as a surveillance supervisor unless satisfied that the person has qualifications or experience that suit the person to be responsible for overseeing the conduct of the surveillance operations to be authorised by the authority.\n> \n> > (3) If the authority is to authorise covert surveillance of a recreation room, meal room or any other area at a workplace where employees are not directly engaged in work, the Judge must also be satisfied that each person designated as a surveillance supervisor is competent and fit to oversee the conduct of the surveillance in such an area, and is capable of adequately accommodating in the conduct of the operation the employees’ heightened expectation of privacy.\n> \n> **s 27:** Am 2025 No 61, Sch 2.92\\[2\\].","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Form of covert surveillance authority","content":"#### 28 Form of covert surveillance authority\n\n28 Form of covert surveillance authority\n\n> > (1) A covert surveillance authority is to be in the form prescribed by the regulations.\n> \n> > (2) The authority is to specify the following—\n> > \n> > > (a) the purpose for which it authorises the carrying out of covert surveillance,\n> > \n> > > (b) the names of the employee or employees suspected of involvement in the unlawful activity with which the authority is concerned,\n> > \n> > > (c) the kind of covert surveillance (camera, computer or tracking) that it authorises and the equipment authorised to be used for that surveillance,\n> > \n> > > (d) the dates on which and the times during which covert surveillance is authorised to be carried out,\n> > \n> > > (e) where practicable, the name of any person who is likely to be the subject of the covert surveillance,\n> > \n> > > (f) the premises, place, computer, vehicle or other thing that is to be the subject of the covert surveillance,\n> > \n> > > (g) the name of each person who is designated as a surveillance supervisor to oversee the conduct of the covert surveillance,\n> > \n> > > (h) the period for which the authority remains in force,\n> > \n> > > (i) the requirements of sections 35 (Report on use of authority) and 37 (Covert surveillance records may be used or disclosed for relevant purpose only),\n> > \n> > > (j) the conditions to which the authority is subject.","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Duration and conditions of covert surveillance authority","content":"#### 29 Duration and conditions of covert surveillance authority\n\n29 Duration and conditions of covert surveillance authority\n\n> > (1) A covert surveillance authority, unless sooner cancelled, remains in force for the period (not exceeding 30 days or such other period as may be prescribed by the regulations) specified in the authority.\n> \n> > (2) A covert surveillance authority is subject to the following conditions—\n> > \n> > > (a) except as provided by paragraph (b), a surveillance supervisor for the authority and any of his or her supervisees must not give any other person access to any surveillance record made as a consequence of the covert surveillance,\n> > \n> > > (b) a surveillance supervisor for the authority and any of his or her supervisees may supply the employer, or employer’s representative, only with any portions of a surveillance record made as a consequence of the covert surveillance that are relevant to establishing the involvement of any employee in an unlawful activity while at work for the employer in accordance with the authority conferred by the authority or for identifying or detecting any other unlawful activity at a workplace of the employer or of an employee while at work for the employer,\n> > \n> > > (c) a surveillance supervisor for the authority must erase or destroy (or cause a supervisee to erase or destroy) within 3 months of the expiry of the authority all parts of surveillance records made by the surveillance supervisor or his or her supervisees as a consequence of the covert surveillance that are not required for evidentiary purposes,\n> > \n> > > (d) if, as a consequence of the carrying out of covert surveillance of an employee, the employer or employer’s representative takes, or proposes to take, any detrimental action against the employee, the employer or employer’s representative must, within a reasonable period after being requested to do so by the employee (or his or her Australian legal practitioner), give the employee (and his or her Australian legal practitioner, if any) access to any part of the surveillance record supplied to the employer or employer’s representative that relates to the employee or the detrimental action,\n> > \n> > > (e) such other conditions as are prescribed by the regulations or specified in the authority.\n> \n> > (3) In this section—\n> > \n> > detrimental action means action causing, comprising or involving any of the following—\n> > \n> > > (a) discrimination, disadvantage or adverse treatment in relation to employment,\n> > \n> > > (b) dismissal from, or prejudice in, employment,\n> > \n> > > (c) a disciplinary proceeding.\n> > \n> > supervisee, in relation to a surveillance supervisor, means any person conducting covert surveillance under the oversight of the surveillance supervisor.\n> \n> **s 29:** Am 2006 No 58, Sch 3.25.","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Contravention of condition of authority","content":"#### 30 Contravention of condition of authority\n\n30 Contravention of condition of authority\n\n> A person who carries out or causes the carrying out of surveillance authorised by a covert surveillance authority must not contravene or cause the contravention of any condition of the covert surveillance authority.\n> \n> Maximum penalty—50 penalty units.","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Variation or cancellation of authority","content":"#### 31 Variation or cancellation of authority\n\n31 Variation or cancellation of authority\n\n> > (1) A Judge may at any time vary or cancel a covert surveillance authority (whether issued by that Judge or another Judge).\n> \n> > (2) A Judge may vary or cancel an authority on the Judge’s own initiative or on application made by any employee, employer or other person affected by the authority.\n> \n> > (3) The Judge may deal with an application for the variation or cancellation of an authority, subject to this Part and the regulations, in such manner as is decided by the Judge.\n> \n> **s 31:** Am 2025 No 61, Sch 2.92\\[2\\] \\[3\\].","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Further application for authority after refusal","content":"#### 32 Further application for authority after refusal\n\n32 Further application for authority after refusal\n\n> If an application by a person for a covert surveillance authority is refused by the Judge, a further application in respect of the same surveillance cannot be made unless the further application provides additional relevant information.\n> \n> **s 32:** Am 2025 No 61, Sch 2.92\\[2\\].","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Records relating to covert surveillance authority","content":"#### 33 Records relating to covert surveillance authority\n\n33 Records relating to covert surveillance authority\n\n> > (1) A Judge who issues, varies or cancels a covert surveillance authority is to cause a record to be made of all relevant particulars of the issue, variation or cancellation of the authority and the grounds on which the Judge has relied to justify the issue, variation or cancellation.\n> \n> > (2) The Judge is to take all reasonable steps to preserve the confidentiality of information contained in such records and the privacy of any persons concerned. However, this subsection does not prevent the Judge from supplying any information to the Minister that is required for the purposes of a report under section 42 (Annual report).\n> \n> > (3) The regulations may make provision for or with respect to—\n> > \n> > > (a) the keeping of records in connection with the issue of covert surveillance authorities, and\n> > \n> > > (b) the inspection of any such records, and\n> > \n> > > (c) any other matter in connection with any such records.\n> \n> **s 33:** Am 2025 No 61, Sch 2.92\\[2\\].","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Defects in authority","content":"#### 34 Defects in authority\n\n34 Defects in authority\n\n> A covert surveillance authority is not invalidated by any defect, other than a defect that affects the substance of the authority in a material particular.","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Report on use of authority","content":"#### 35 Report on use of authority\n\n35 Report on use of authority\n\n> > (1) The employer or employer’s representative to whom a covert surveillance authority is issued must furnish a report in compliance with this section to the Judge who issued the authority within 30 days after the expiry of the authority.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The report is to be in writing, setting out briefly the result of the surveillance carried out and specifying the following—\n> > \n> > > (a) if practicable, the name of any employee who was the subject of the surveillance,\n> > \n> > > (b) the period during which the surveillance was conducted,\n> > \n> > > (c) details of the type of surveillance device used and of the type of place where any surveillance device was installed or used,\n> > \n> > > (d) whether any surveillance device has been removed and, if not, why not,\n> > \n> > > (e) details of the conditions of the covert surveillance authority,\n> > \n> > > (f) details of any surveillance record made as a consequence of the surveillance,\n> > \n> > > (g) any action taken or proposed to be taken in light of the information obtained,\n> > \n> > > (h) any reason why an employee who was the subject of the surveillance should not be informed of the surveillance,\n> > \n> > > (i) details of any previous use of covert surveillance in connection with suspected unlawful activity with which the authority is concerned.\n> \n> > (3) The regulations may require the report to include other specified information and may require the report to be in a form prescribed by the regulations.\n> \n> > (4) If the Judge who issued a covert surveillance authority has died, has ceased to be a Judge or is absent, the report is to be furnished to another Judge.\n> \n> > (5) The Judge to whom the report is furnished may make such orders as the Judge thinks appropriate with respect to the use or disclosure of any surveillance record made as a consequence of surveillance conducted in accordance with the authority, including either or both of the following orders—\n> > \n> > > (a) an order that a surveillance record made as a consequence of the surveillance be delivered up to the Judge to be kept in the custody of the Judge or dealt with as the Judge may otherwise order,\n> > \n> > > (b) an order that a specified person or body be informed of the surveillance and given access to, or to part of, any surveillance record made as a consequence of the surveillance.\n> \n> > (6) A Judge must make an order under subsection (5) (b) in favour of a person who was the subject of surveillance unless the Judge is satisfied that there is good reason for not making the order.\n> \n> > (7) In considering whether there is good reason for not making an order under subsection (5) (b) in favour of a person, the Judge is to give consideration to whether the surveillance was justified and whether the surveillance was an unnecessary interference with privacy.\n> \n> **s 35:** Am 2025 No 61, Sch 2.92\\[2\\].","sortOrder":40},{"sectionNumber":"Division 3","sectionType":"division","heading":"Covert surveillance records","content":"## Division 3 Covert surveillance records\n\nDivision 3 Covert surveillance records","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Storage of surveillance records of covert surveillance","content":"#### 36 Storage of surveillance records of covert surveillance\n\n36 Storage of surveillance records of covert surveillance\n\n> > (1) Any surveillance supervisor who oversees the conduct of covert surveillance under the authority of a covert surveillance authority must take such security safeguards as are reasonable in the circumstances to ensure that any surveillance record made as a consequence of the covert surveillance that is in the possession or under the control of the surveillance supervisor is protected against loss or unauthorised access or use.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) An employer or employer’s representative to whom a covert surveillance authority is issued is to ensure that any portion of a surveillance record made as a consequence of covert surveillance under the authority that is in the possession or under the control of the employer or employer’s representative is protected against loss or unauthorised access or use.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Covert surveillance records may be used or disclosed for relevant purpose only","content":"#### 37 Covert surveillance records may be used or disclosed for relevant purpose only\n\n37 Covert surveillance records may be used or disclosed for relevant purpose only\n\n> > (1) A person must not make use of or disclose to another person surveillance information or a surveillance record knowing or having reasonable cause to suspect that the information has been obtained or the record made as a result, direct or indirect, of covert surveillance of an employee while at work for an employer carried out or caused to be carried out by the employer unless that use or disclosure is for a relevant purpose as provided by this section.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) If the covert surveillance of an employee was authorised by a covert surveillance authority issued to an employer, only the following use or disclosure of the surveillance information or record is for a relevant purpose—\n> > \n> > > (a) use or disclosure that is authorised or required by the conditions of the covert surveillance authority or an order of a Judge under section 35,\n> > \n> > > (b) use or disclosure for a purpose that is directly or indirectly related to establishing whether or not an employee is involved in unlawful activity while at work for the employer in accordance with the authority conferred by the covert surveillance authority,\n> > \n> > > (c) use or disclosure for a purpose that is directly or indirectly related to taking disciplinary action or legal proceedings against an employee as a consequence of any alleged unlawful activity while at work for the employer,\n> > \n> > > (d) use or disclosure for a purpose that is directly or indirectly related to establishing security arrangements or taking other measures to prevent or minimise the opportunity for unlawful activity while at work for the employer of a kind identified by the surveillance record to occur while at work for the employer,\n> > \n> > > (e) use or disclosure that is reasonably believed to be necessary to avert an imminent threat of serious violence to persons or of substantial damage to property,\n> > \n> > > (f) disclosure to a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence,\n> > \n> > > (g) use by a member or officer of a law enforcement agency for any purpose in connection with the detection, investigation or prosecution of an offence,\n> > \n> > > (h) use or disclosure for a purpose that is directly or indirectly related to the taking of proceedings for an offence,\n> > \n> > > (i) use or disclosure for a purpose that is directly or indirectly related to taking any other action authorised or required by or under this Act.\n> \n> > (3) If the covert surveillance of an employee was not authorised by a covert surveillance authority, the following use or disclosure of the information or record is for a relevant purpose—\n> > \n> > > (a) disclosure to a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence,\n> > \n> > > (b) use or disclosure for a purpose that is directly or indirectly related to the taking of proceedings for an offence,\n> > \n> > > (c) use by a member or officer of a law enforcement agency for any purpose in connection with the detection, investigation or prosecution of an offence.\n> \n> > (4) Without limiting subsection (3), if the covert surveillance of an employee was not authorised by a covert surveillance authority, the following use or disclosure of the information or record is for a relevant purpose—\n> > \n> > > (a) disclosure to a member or officer of a law enforcement agency for use in connection with disciplinary or managerial action or legal proceedings against an employee of a law enforcement agency as a consequence of any alleged misconduct (other than an unlawful activity) or unsatisfactory performance of the employee,\n> > \n> > > (b) use or disclosure for a purpose that is directly or indirectly related to the taking of such disciplinary or managerial action or legal proceedings,\n> > \n> > > (c) disclosure to a member or officer of a law enforcement agency for use in connection with the training of law enforcement members or officers.\n> \n> **s 37:** Am 2005 No 98, Sch 1.25 \\[2\\] \\[3\\]; 2025 No 61, Sch 2.92\\[2\\].","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Information obtained inadvertently pursuant to authority","content":"#### 38 Information obtained inadvertently pursuant to authority\n\n38 Information obtained inadvertently pursuant to authority\n\n> > (1) Information that has inadvertently or unexpectedly come to the knowledge of a person as a direct or indirect result of the carrying out of covert surveillance authorised by a covert surveillance authority is, for the purposes of any determination by a court as to admissibility of evidence in criminal proceedings before the court, not considered to have been obtained in contravention of section 19 (Covert surveillance prohibited without covert surveillance authority).\n> \n> > (2) Subsection (1) does not apply if the court is of the opinion that the application on the basis of which the covert surveillance authority was granted was not made in good faith.","sortOrder":44},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Commonwealth laws","content":"#### 39 Commonwealth laws\n\n39 Commonwealth laws\n\n> This Act does not apply to anything done under the authority of a warrant or other authority under the [Telecommunications (Interception) Act 1979](http://www.legislation.gov.au/) of the Commonwealth or any other law of the Commonwealth.","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Functions under Act of Judges","content":"#### 40 Functions under Act of Judges\n\n40 Functions under Act of Judges\n\n> The imposition of a function on a Judge under this Act is not a conferral of jurisdiction on the Local Court.\n> \n> **s 40:** Am 2007 No 94, Sch 1.107; 2025 No 61, Sch 2.92\\[2\\] \\[4\\].","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Application to judicial member of Industrial Relations Commission","content":"#### 41 Application to judicial member of Industrial Relations Commission\n\n41 Application to judicial member of Industrial Relations Commission\n\n> > (1) An applicant for a covert surveillance authority who is aggrieved by a decision of a Judge to refuse to issue or to vary or cancel a covert surveillance authority may apply to a judicial member of the Industrial Relations Commission (a judicial member) to issue, vary or cancel the authority.\n> \n> > (2) An employee affected by a covert surveillance authority who is aggrieved by a decision of a Judge to refuse to vary or cancel a covert surveillance authority may apply to a judicial member to vary or cancel the authority.\n> \n> > (3) The application must be made within 30 days after the decision is given or within a further period as the judicial member allows.\n> \n> > (4) Part 4 applies to or in relation to the issue, variation or cancellation of a covert surveillance authority by a judicial member to whom an application is made under this section in the same way as it applies to the issue, variation or cancellation of an authority by a Judge.\n> \n> > (5) An application to a Judge for the issue, variation or cancellation of an authority is taken, for the purposes only of an application under this section, to have been refused if the application is not decided within the period of 30 days after the making of the application to the Judge.\n> \n> > (6) The imposition of a function on a judicial member under this section is not a conferral of jurisdiction on the Industrial Relations Commission.\n> \n> **s 41:** Subst 2016 No 48, Sch 2.39 \\[1\\]. Am 2023 No 41, Sch 2.37\\[1\\]; 2025 No 61, Sch 2.92\\[2\\].","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Annual report","content":"#### 42 Annual report\n\n42 Annual report\n\n> > (1) The Minister must, as soon as practicable after 31 December in each year, prepare a report in respect of operations pursuant to covert surveillance authorities during the year and table the report, or cause it to be tabled, in both Houses of Parliament as soon as practicable after it is prepared.\n> \n> > (1A) If a House of Parliament is not sitting when the Minister seeks to lay the report before it, the Minister is to cause a copy of the report to be presented to the Clerk of that House of Parliament.\n> \n> > (1B) A report presented under subsection (1A)—\n> > \n> > > (a) is, on presentation and for all purposes, taken to have been laid before the House, and\n> > \n> > > (b) may be printed by authority of the Clerk of the House, and\n> > \n> > > (c) if so printed, is taken to be a document published by or under the authority of the House, and\n> > \n> > > (d) is to be recorded—\n> > > \n> > > > (i) in the case of the Legislative Council—in the Minutes of the Proceedings of the Legislative Council, and\n> > > \n> > > > (ii) in the case of the Legislative Assembly—in the Votes and Proceedings of the Legislative Assembly,\n> > > \n> > > on the first sitting day of the House after receipt of the copy of the report by the Clerk.\n> \n> > (2) A report under this section—\n> > \n> > > (a) must include details of the number of covert surveillance authorities sought, and the number of such authorities issued (together with a breakdown of the kinds of surveillance to which those issued authorities related), during the year to which the report relates, and\n> > \n> > > (b) may report on such other matters relating to covert surveillance authorities and the use of covert surveillance as the Minister considers appropriate.\n> \n> **s 42:** Am 2014 No 14, Sch 1.5.","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Offences by corporations","content":"#### 43 Offences by corporations\n\n43 Offences by corporations\n\n> > (1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.\n> \n> > (3) Nothing in this section affects the liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Regulations","content":"#### 44 Regulations\n\n44 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to—\n> > \n> > > (a) the use, possession, storage and destruction of any surveillance records made in the course of covert surveillance of the activities of an employee, and\n> > \n> > > (b) applications for the issue, variation and cancellation of covert surveillance authorities and how such applications are to be dealt with.\n> \n> > (3) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Summary procedure for offences","content":"#### 45 Summary procedure for offences\n\n45 Summary procedure for offences\n\n> > (1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.\n> \n> > (2) The provisions of section 197 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), and of the regulations under that Act, relating to appeals from, and the stating of a case by, the Local Court to the Industrial Relations Commission in Court Session apply to proceedings before the Local Court for offences against this Act.\n> \n> **s 45:** Am 2007 No 94, Sch 2; 2016 No 48, Sch 2.39 \\[2\\]; 2023 No 41, Sch 2.37\\[2\\].","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Authority to prosecute","content":"#### 46 Authority to prosecute\n\n46 Authority to prosecute\n\n> > (1) Proceedings for an offence against this Act or the regulations may be instituted only—\n> > \n> > > (a) with the written consent of the Minister, or\n> > \n> > > (b) with the written consent of an officer prescribed by the regulations, or\n> > \n> > > (c) by the secretary of an industrial organisation of employees any member or members of which are concerned in the matter to which the proceedings relate, or\n> > \n> > > (d) by a person who was the subject of the surveillance with which the alleged offence is concerned.\n> \n> > (2) In proceedings for an offence against this Act or the regulations, a consent to institute the proceedings, purporting to have been signed by the Minister or a prescribed officer, is evidence of that consent without proof of the signature of the Minister or prescribed officer.","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 47 Savings and transitional provisions\n\n47 Savings and transitional provisions\n\n> Schedule 1 has effect.","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Repeals","content":"#### 48 Repeals\n\n48 Repeals\n\n> The following are repealed—\n> \n> > [Workplace Video Surveillance Act 1998](/view/html/repealed/current/act-1998-052)\n> \n> > [Workplace Video Surveillance Regulation 1999](/view/html/repealed/current/sl-1999-0036)","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Review of Act","content":"#### 49 Review of Act\n\n49 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":56},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n(Section 47)","sortOrder":57}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act was originally passed in 2005 to regulate workplace surveillance in a pre-smartphone, pre-cloud-computing era. Subsequent amendments (particularly around 2024–2026) have likely expanded its scope to address modern surveillance technologies such as GPS tracking, remote work monitoring, and digital device tracking — going beyond the original focus on physical CCTV cameras and basic computer monitoring."},"complexity_factors":["Multiple surveillance categories (camera, computer, tracking) each with distinct rules and exceptions","Covert surveillance provisions require court orders, adding a separate legal process layer","Has been amended at least 11 times since 2005, meaning rules have shifted and historical versions may be relevant for past disputes","Interaction with other privacy, employment, and surveillance laws at both state and federal levels","Definitions of key terms (e.g., 'employee', 'workplace', 'surveillance device') can be technical and have boundary cases","Applies differently depending on the type of surveillance method used","Enforcement mechanisms and penalty provisions add procedural complexity"],"plain_english_summary":"## Workplace Surveillance Act 2005 (NSW)\n\n**What is this?**\nThis is a NSW law that sets rules about how employers can monitor or surveil (watch, track, or record) their employees at work. It applies to businesses and workers in New South Wales.\n\n**Who does it affect?**\n- **Employees** in NSW who may be subject to monitoring at work (e.g., CCTV cameras, computer tracking, GPS vehicle tracking, email monitoring)\n- **Employers** who want to use surveillance tools on their staff\n\n**Why does it matter?**\nWithout this law, employers could theoretically watch or track you at work without you knowing. This Act sets boundaries — for example, employers generally must **notify** you before they start surveilling you. It covers things like:\n- 📷 Camera surveillance (CCTV)\n- 💻 Computer/internet monitoring (emails, web browsing)\n- 📍 Location tracking (GPS on vehicles or devices)\n\n**Key points to know:**\n- Employers **cannot** secretly surveil employees except in limited circumstances (like a court-approved covert surveillance order)\n- If your employer wants to monitor your work computer, emails, or location, they generally must tell you in advance\n- There are penalties for employers who break the rules\n- The law has been updated multiple times since 2005, with the most recent changes taking effect **28 March 2026**\n\n**Bottom line:** If you work in NSW, this law protects your right to know if and how you're being watched at work. If you're an employer, you must follow strict rules before monitoring your staff."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown well beyond the narrow focus of its 1998 predecessor (the repealed Workplace Video Surveillance Act 1998) which dealt only with video cameras. This Act expanded surveillance types to include computer and tracking devices, broadened 'employee' and 'employer' to encompass voluntary workers, public vehicle bailees, labour-hire arrangements and related corporations (ss 3–4), introduced comprehensive notification and policy obligations (Part 2), created a detailed judicial-authority regime for covert surveillance (Part 4), added specific prohibitions on blocking union-related emails (s 17(4)), and imposed ongoing reporting and record-destruction duties."},"complexity_factors":["Extensive interpretation section (s 3) containing over 20 defined terms with cross-references to the Industrial Relations Act 1996, Corporations Act 2001 and Surveillance Devices Act 2007","Differentiated compliance regimes for camera, computer and tracking surveillance (ss 11–13) each carrying additional visible-notice or policy requirements","Multi-stage process for covert surveillance authorities (Part 4) involving detailed applications to a Judge (s 23), mandatory privacy weighing (s 26), surveillance supervisor oversight (s 27), strict conditions (s 29), post-operation reporting (s 35) and judicial orders on records","Layered exceptions, defences and conditional permissions (e.g. s 10(6) workplace exception, s 14 agreement exemption, s 22 security-of-workplace defence, s 16(3) law-enforcement carve-out)","Interlocking use-and-disclosure rules for notified surveillance (s 18) versus covert surveillance (s 37) that contain nested 'relevant purpose' tests and further exceptions for law-enforcement agencies","Frequent cross-references to external statutes (Industrial Relations Act 1996, Work Health and Safety Act 2011, Spam Act 2003) and internal definitional chaining (e.g. 'at work' in s 5 expanding on s 3)"],"plain_english_summary":"**The Workplace Surveillance Act 2005** sets clear rules for employers in New South Wales who want to monitor their workers using cameras, computer software, or tracking devices (like GPS). \n\nIt requires employers to give workers written notice at least 14 days before monitoring starts, explaining exactly what type of watching will happen, how it will work, and whether it will be ongoing. Cameras must be visible with warning signs at entrances, computer monitoring must follow a written policy that staff understand, and tracking devices need visible notices on vehicles or items. Secret (covert) monitoring is generally banned unless a judge issues a special authority after the employer proves reasonable grounds to suspect unlawful activity. \n\nThe law completely prohibits any monitoring in change rooms, toilets, or showers. It also stops employers from using work devices to track people outside work hours (with limited exceptions) and restricts how any recordings or data can be used or shared — usually only for legitimate business reasons, investigating crimes, or preventing serious harm. \n\nEmployees include regular staff, volunteers, and people in labour-hire setups; employers include companies, related corporations, and hiring agencies. The goal is to balance business needs with workers' privacy, while creating strict oversight, record-keeping, and reporting requirements for any secret surveillance."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, as presented, extends and structures workplace surveillance beyond a simple video-surveillance law. It defines and regulates camera, computer and tracking surveillance (s 3); extends the meaning of \"employer\" to include related corporations so surveillance rules can apply across corporate groups (s 4); and creates a formal, judicially supervised covert-surveillance regime with specified application, reporting, supervision, record-handling and destruction rules (Parts 4, ss 23–37). It also replaces the earlier Workplace Video Surveillance Act and preserves transitional arrangements (s 48, Schedule 1). The additions introduce new procedural gates (sworn applications, private hearings, surveillance supervisors) and privacy-focused checks (judicial consideration of privacy, limits on use/disclosure, destruction timelines) that meaningfully change how covert monitoring may be authorised and managed (ss 25–29, 36–37)."},"complexity_factors":["Multiple surveillance types with different specific rules (camera, computer, tracking) (s 3, ss 11–13)","Two-tier regime requiring different procedures for notified vs covert surveillance (Parts 2 and 4)","Judicial gatekeeping for covert surveillance with sworn applications, private hearings, discretionary conditions and supervisor appointments (ss 23–29)","Detailed recordkeeping, destruction and restricted-use rules for surveillance records, including separate rules for covert records (ss 29, 36–37)","Overlap and interaction with other laws (Work Health and Safety Act, Surveillance Devices Act, Commonwealth interception laws) (ss 8, 3 note, 39)","Varied penalty levels and constrained prosecution initiation rules (ss 15–19, 30, 36–37, 46)","Special definitions and extended employer coverage across related corporations, affecting who is regulated (ss 3–5, 4)","Exceptions for law enforcement, correctional centres, casinos and other narrowly defined situations (s 21)","Appeal and review routes adding procedural layers (ss 31, 41, 42)","Regulations can add or vary procedural and evidentiary details, creating delegated complexity (s 44)"],"plain_english_summary":"This Act sets rules for when and how employers in New South Wales may monitor their employees at work. It distinguishes three types of workplace surveillance—camera, computer and tracking—and creates two main regimes: \"notified\" surveillance (ordinary monitoring done with prior notice and safeguards) and \"covert\" surveillance (hidden monitoring that is normally prohibited unless a court authorises it).\n\nWhat the law requires, mechanically\n\n- Employers must give written notice before starting surveillance of an employee, normally at least 14 days beforehand (notice can be shorter if the employee agrees) (s 10). Notices must say what kind of surveillance will be used, how it will be done, when it starts, whether it is continuous or intermittent, and whether it is time-limited or ongoing (s 10(4)). Email notice counts as writing (s 10(5)).\n- Camera surveillance must be visible and there must be signs at each entrance to the area warning people they may be under surveillance (s 11). Computer surveillance must be carried out under a written employer policy that the employee has been notified of and is reasonably likely to understand (s 12). Tracking surveillance of vehicles or other things must be indicated by a clearly visible notice on the vehicle/thing (s 13).\n- Certain places are off-limits: employers must not surveil employees in change rooms, toilets, showers or similar facilities (s 15). Employers generally must not use a device intended for workplace surveillance to monitor an employee when the employee is not at work, except to monitor use of employer-provided equipment/resources (s 16).\n- Surveillance records made under notified surveillance may only be used or disclosed for specified legitimate employment or business purposes, to law enforcement for crime detection/prosecution, for civil/criminal proceedings, or to avert an imminent threat of serious violence or property damage (s 18).\n\nCovert surveillance (hidden monitoring)\n\n- Covert surveillance of an employee at work is an offence unless authorised by a covert surveillance authority issued by a Judge (s 19). A covert authority can only be issued to establish whether particular employee(s) are involved in unlawful activity while at work (s 20(1)).\n- Employers (or their representatives) must apply to a Judge and provide sworn evidence or affidavit specifying grounds for suspicion, what other investigative steps were taken, the people or class to be monitored, the places/devices to be monitored, the kind of surveillance proposed, times/dates, and nominee(s) to oversee the operation (s 23). Applications are considered in private and the Judge may require further information (s 24, s 23(7)).\n- A Judge must be satisfied there are reasonable grounds and must consider the seriousness of the alleged unlawful activity and whether surveillance would unduly intrude on privacy (ss 25–26). The Judge appoints one or more surveillance supervisors to oversee any authorised covert surveillance; those supervisors must be suitably qualified and fit for areas where employees have heightened privacy expectations (s 27).\n- Covert authorities specify purpose, targets, types of surveillance and equipment, times, supervisors, duration (up to 30 days unless regulations say otherwise) and conditions (ss 28–29). Conditions include strict limits on disclosure, destruction or erasure of irrelevant parts of records within 3 months of expiry, and obligations to give employees access to parts of records relevant to any detrimental action taken against them (s 29).\n- If covert surveillance is authorised, use or disclosure of records is limited to purposes connected to the authority (investigating alleged unlawful activity, disciplinary or legal proceedings, sharing with law enforcement, averting threats, etc.) (s 37). There are separate limited exceptions for unauthorised covert surveillance that relate mostly to law enforcement uses (s 37(3)–(4)).\n\nWho pays, who decides, and who is affected\n\n- Employers bear the cost and administrative burden of complying with notice requirements, signage, written policies, visible notices on tracked vehicles, and the secure storage/destruction of surveillance records (ss 10–13, 36, 29(c)). Employers who wish to conduct covert surveillance must prepare sworn applications, support paperwork and comply with judicial conditions (s 23). Employers are also liable for offences and penalties if they breach the Act; corporate directors or managers who knowingly authorised breaches can also be treated as having contravened the Act (s 43).\n- A Judge decides whether to issue, vary or cancel covert surveillance authorities and sets conditions, including appointing surveillance supervisors (ss 23–31). Decisions can be challenged to a judicial member of the Industrial Relations Commission in defined circumstances (s 41).\n- The Minister and prescribed officers control prosecutions: proceedings for offences can be instituted only with written consent of the Minister, a prescribed officer, a relevant union secretary, or the person who was surveilled (s 46).\n- Employees are directly affected: they must receive notice (s 10), are protected from surveillance in high-privacy locations (s 15), may be given access to surveillance records in relation to detrimental employment action (s 29(d)), and are protected by limits on use and disclosure of surveillance records (ss 18, 37).\n\nStated purpose and how the Act’s mechanics support it\n\n- The Act’s explicit authorising purpose for covert surveillance is narrowly framed: to establish whether particular employee(s) are involved in unlawful activity while at work (s 20(1)). The notified-surveillance regime (Part 2) operates by requiring advance notice, visible cameras/signage, and reasonable employer policies to make monitoring transparent (ss 10–13). The covert regime (Part 4) places judicial gates, specified scopes and time limits, supervisory oversight, strict record-handling and reporting back to the issuing Judge (ss 23–29, 33–36, 35).\n\nCosts, incentives, trade-offs and implementation risks (source-grounded)\n\n- Direct compliance costs for employers: drafting and publishing policies, giving 14 days’ notice or securing employee agreement for shorter notice (s 10), acquiring and maintaining signage/camera casings (s 11), labelling tracked vehicles (s 13), and securing/erasing records (ss 29(c), 36). Employers seeking covert surveillance face additional costs of preparing sworn applications and dealing with judicial processes (s 23).\n- Administrative burden on courts and applicants: covert surveillance applications must be sworn/verified and are heard in private (s 23(5)–(6), s 24). Judges must assess privacy intrusion and reasonableness, and can impose bespoke conditions and supervisors (ss 25–27). That creates demand for judicial time and for surveillance-supervisor vetting.\n- Behavioural incentives: employers may prefer notified, visible surveillance where lawful because covert surveillance requires judicial approval and stricter controls (compare Part 2 with Part 4). Conversely, the legal cost and publicity of seeking judicial approval may deter some covert investigations even where unlawful activity is suspected.\n- Risk of substitution effects: restrictions on using workplace devices to surveil employees when off-duty (s 16) and limits on blocking employee email/Internet unless under a notified policy (s 17) may steer employers toward alternative compliance measures (e.g., device controls, off-duty contractual terms, or focusing on physical security measures).\n- Privacy–efficacy trade-offs: the Act narrows covert surveillance to suspected unlawful activity (s 20(1)) and forbids covert surveillance for performance monitoring (s 20(3)(a)), while requiring Judges to weigh privacy expectations (s 26). That balancing limits intrusive monitoring but may also limit the kinds of covert information employers can obtain without detection and court process.\n- Compliance enforcement and deterrence: the Act creates criminal penalties up to 50 penalty units for key breaches (e.g., covert surveillance without authority, surveillance in prohibited places) and lesser penalties for misuse or insecure storage of surveillance records (ss 15, 16, 19, 30, 36, 37). The threshold to commence prosecutions (written consent of the Minister or prescribed officer, or a relevant union or the surveilled person) may affect how often breaches are prosecuted (s 46).\n- Access and redress mechanics: Judges may order surveillance records delivered up to the court or disclosed to persons who were surveilled, with a presumption in favour of disclosure unless the Judge finds good reason not to (s 35(5)–(6)). That creates a concrete route for employees to obtain information used against them and introduces a judicial check on secrecy.\n\nOverlaps, exceptions and administrative discretion\n\n- The Act co-exists with other legislation: it does not limit obligations under the Work Health and Safety Act (s 8) and does not apply where Commonwealth warrants or laws authorise interception (s 39). Camera surveillance may also fall under the Surveillance Devices Act where private conversations are recorded (s 3 note).\n- Several exception routes exist (e.g., law enforcement agencies carrying out functions, correctional centres, Casinos under separate rules) (s 21). These carve-outs remove the need for covert authority in those narrow contexts.\n\nWho gains and who bears costs\n\n- Concentrated beneficiaries: employers who need to detect unlawful workplace conduct can obtain court-authorised covert surveillance in specified circumstances (s 20), subject to judicial conditions. Surveillance supervisors and vendors of security services may have demand for their services because of the supervisory and technical requirements (s 27, s 28(c)).\n- Diffuse costs: all employers face baseline compliance costs (notice, signage, policies, record storage/destruction) to lawfully monitor employees (ss 10–13, 36). Employees bear privacy risks from permitted surveillance but gain statutory protections about notice, prohibited locations and limits on use/disclosure (ss 10, 11, 15, 18, 37).\n\nImplementation risks and opportunity costs\n\n- Judicial backlog or differing judicial approaches may cause inconsistent availability of covert authorities, which could delay investigations and impose opportunity costs on employers who need timely information (ss 23–25).\n- Employers and surveillance supervisors must adopt appropriate security measures to protect surveillance records or face penalties (s 36). Failure to manage records properly creates legal exposure and possible loss of evidentiary value (s 38 addresses inadvertent information but is limited if an application was not made in good faith).\n\nIn short: the Act creates a two-tier monitoring regime that makes ordinary, notified surveillance permissible under defined transparency and policy rules and makes covert surveillance a judicially authorised exception limited to investigating suspected unlawful activity. The law allocates decision-making power to Judges for covert monitoring, places notice, signage and policy burdens on employers for notified monitoring, prescribes record-handling and disclosure limits to protect privacy, and provides penalties and constrained enforcement routes to regulate compliance."}},"importantCases":[],"_links":{"self":"/api/acts/workplace-surveillance-act-2005","history":"/api/acts/workplace-surveillance-act-2005/history","analysis":"/api/acts/workplace-surveillance-act-2005/analysis","conflicts":"/api/acts/workplace-surveillance-act-2005/conflicts","importantCases":"/api/acts/workplace-surveillance-act-2005/important-cases","documents":"/api/acts/workplace-surveillance-act-2005/documents"}}