{"id":"nsw:sl-2022-0405","name":"Workplace Surveillance Regulation 2022","slug":"workplace-surveillance-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"405 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176020,"registerId":"nsw-nsw:sl-2022-0405-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 Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Workplace Surveillance Regulation 2022](/view/html/inforce/current/sl-2022-0405).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Workplace Surveillance Regulation 2017](/view/html/repealed/current/sl-2017-0417), which would otherwise be repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) In this Regulation, a reference to a form is a reference to the form of that title set out in Schedule 1.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Forms","content":"#### 4 Forms\n\n4 Forms\n\n> > (1) For the Act, section 23(3), an application to a Magistrate for a covert surveillance authority must be in Form 1.\n> \n> > (2) For the Act, section 28(1), a covert surveillance authority must be in Form 2.\n> \n> > (3) For the Act, section 31(3), an application to a Magistrate to vary a covert surveillance authority must be in Form 3.\n> \n> > (4) For the Act, section 31(3), an application to a Magistrate to cancel a covert surveillance authority must be in Form 4.\n> \n> > (5) For the Act, section 35(3), a report on the use of a covert surveillance authority must be in Form 5.\n> \n> > (6) For the Act, section 41, an application to a judicial member of the Industrial Relations Commission to issue a covert surveillance authority must be in Form 6.\n> \n> > (7) For the Act, section 41, an application to a judicial member of the Industrial Relations Commission to vary a covert surveillance authority must be in Form 7.\n> \n> > (8) For the Act, section 41, an application to a judicial member of the Industrial Relations Commission to cancel a covert surveillance authority must be in Form 8.\n> \n> **s 4:** Am 2023 No 41, Sch 2.38\\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Records relating to covert surveillance authority—the Act, s 33","content":"#### 5 Records relating to covert surveillance authority—the Act, s 33\n\n5 Records relating to covert surveillance authority—the Act, s 33\n\n> > (1) A Magistrate or judicial member of the Industrial Relations Commission who receives an application for, or issues, a covert surveillance authority must ensure the Minister is given written notice of the receipt of the application or issue of the authority as soon as practicable after the Magistrate or judicial member of the Industrial Relations Commission receives the application or issues the authority.\n> \n> > (2) The written notice given to the Minister must contain only information that is required by the Minister for the purposes of a report under the Act, section 42.\n> \n> Note—\n> \n> the Act, section 33, including as applied by section 41, requires a Magistrate or judicial member of the Industrial Relations Commission to take all reasonable steps to preserve the confidentiality of information contained in records made under that section. Section 33(2) provides that this requirement does not prevent the Magistrate or judicial member of the Industrial Relations Commission from supplying information to the Minister that is required for the purposes of an annual report under the Act, section 42.\n> \n> **s 5:** Am 2023 No 41, Sch 2.38\\[2\\].","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Repeal and savings","content":"#### 6 Repeal and savings\n\n6 Repeal and savings\n\n> > (1) The [Workplace Surveillance Regulation 2017](/view/html/repealed/current/sl-2017-0417) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Workplace Surveillance Regulation 2017](/view/html/repealed/current/sl-2017-0417), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":6},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Forms","content":"# Schedule 1 Forms\n\nSchedule 1 Forms\n\nSection 3(2)\n\nForm 1\n\nSection 4(1)\n\n**Application under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 23, for issue of covert surveillance authority**\n\nI, \\[*insert name of employer or employer’s representative applying to Magistrate for issue of covert surveillance authority*\\], apply under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 23, for the issue of a covert surveillance authority authorising the carrying out of covert surveillance of employees while at work for the employer.\n\nDated  \n\\[*signature*\\]  \n\\[*name of applicant*\\]\n\nNote—\n\nUnder the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 23(5), the Magistrate to whom an application for issue of a covert surveillance authority is made must not issue the authority unless the information given by the applicant in or in connection with the application is verified before the Magistrate on oath or affirmation or by affidavit. Under the Act, section 23(7), the Magistrate may require the applicant to provide (either orally or in writing) any further information the Magistrate requires about the grounds on which the authority is being sought.\n\n*\\* Delete whichever is inapplicable.*\n\nForm 2\n\nSection 4(2)\n\n**Form of covert surveillance authority**\n\nI, \\[*insert name of Magistrate or judicial member of the Industrial Relations Commission issuing covert surveillance authority*\\], under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), Part 4, Division 2, issue a covert surveillance authority authorising the carrying out of covert surveillance of employees while at work for the employer.\n\nDated  \n\\[*signature*\\]  \n\\[*name of Magistrate or judicial member of the Industrial Relations Commission*\\]\n\n*\\* Delete whichever is inapplicable.*\n\nForm 3\n\nSection 4(3)\n\n**Application under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 31, for variation of covert surveillance authority**\n\nI, \\[*insert name of the employee, employer or other person affected by the covert surveillance authority applying to a Magistrate for variation of the authority*\\], apply under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 31, for the variation of the covert surveillance authority issued to \\[*insert name of employer or employer’s representative to whom authority was issued*\\] on \\[*insert date on which authority was issued*\\] by \\[*insert name of person who issued the authority sought to be varied*\\] authorising the carrying out of covert surveillance of employees while at work for the employer during the period from \\[*time*\\] on \\[*date*\\] to \\[*time*\\] on \\[*date*\\].\n\nThe following are the variations sought to the covert surveillance authority described above—  \n\\[*describe variations sought by applicant*\\]\n\nThe following are the grounds on which variation of the authority is sought—  \n\\[*state the grounds on which applicant seeks variation*\\]\n\nDated  \n\\[*signature*\\]  \n\\[*name of applicant*\\]\n\nForm 4\n\nSection 4(4)\n\n**Application under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 31, for cancellation of covert surveillance authority**\n\nI, \\[*insert name of the employee, employer or other person affected by the covert surveillance authority applying to a Magistrate for cancellation of the authority*\\], apply under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 31, for the cancellation of the covert surveillance authority issued to \\[*insert name of employer or employer’s representative to whom authority was issued*\\] on \\[*insert date on which authority was issued*\\] by \\[*insert name of person who issued the authority sought to be cancelled*\\] authorising the carrying out of covert surveillance of employees while at work for the employer during the period from \\[*time*\\] on \\[*date*\\] to \\[*time*\\] on \\[*date*\\].\n\nThe following are the grounds on which cancellation of the authority is sought—  \n\\[*state the grounds on which applicant seeks cancellation*\\]\n\nDated  \n\\[*signature*\\]  \n\\[*name of applicant*\\]\n\nForm 5\n\nSection 4(5)\n\n**Form of report on use of authority**\n\nI, \\[*insert name of the employer or employer’s representative*\\], give this report under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 35(1), confirming that covert surveillance was carried out in accordance with a covert surveillance authority during the period from \\[*time*\\] on \\[*date*\\] to \\[*time*\\] on \\[*date*\\].\n\nDated  \n\\[*signature*\\]  \n\\[*name of employer or employer’s representative*\\]\n\n*\\* Delete whichever is inapplicable.*\n\nForm 6\n\nSection 4(6)\n\n**Application under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 41, for issue of covert surveillance authority**\n\nI, \\[*insert name of employer or employer’s representative aggrieved by Magistrate’s decision to refuse to issue the covert surveillance authority*\\], apply under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 41, for the issue of a covert surveillance authority authorising the carrying out of covert surveillance of employees while at work.\n\nDated  \n\\[*signature*\\]  \n\\[*name of applicant*\\]\n\nNote—\n\nThe [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 41(4), applies Part 4 of the Act to the issue, variation or cancellation of a covert surveillance authority by a judicial member of the Industrial Relations Commission under section 41 of the Act in the same way as it applies to the issue, variation or cancellation by a Magistrate under that Part. Under the Act, section 23(5), the Magistrate to whom an application for issue of a covert surveillance authority is made cannot issue the authority unless the information given by the applicant in or in connection with the application is verified before the Magistrate on oath or affirmation or by affidavit. Under the Act, section 23(7), the Magistrate to whom the application is made may require the applicant to provide, either orally or in writing, such further information as the Magistrate requires concerning the grounds on which the authority is being sought.\n\n*\\* Delete whichever is inapplicable.*\n\nForm 7\n\nSection 4(7)\n\n**Application under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 41, for variation of covert surveillance authority**\n\nI, \\[*insert name of the employee, employer or other person affected by the covert surveillance authority applying to a judicial member of the Industrial Relations Commission for variation of the authority*\\], apply under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 41, for the variation of the covert surveillance authority issued to \\[*insert name of employer or employer’s representative to whom authority was issued*\\] on \\[*insert date on which authority was issued*\\] by \\[*insert name of person who issued the authority sought to be varied*\\] authorising the carrying out of covert surveillance of employees while at work for the employer during the period from \\[*time*\\] on \\[*date*\\] to \\[*time*\\] on \\[*date*\\].\n\nThe following are the variations sought to the covert surveillance authority described above—  \n\\[*describe variations sought by applicant*\\]\n\nThe following are the grounds on which variation of the authority is sought—  \n\\[*state the grounds on which applicant seeks variation*\\]\n\nDated  \n\\[*signature*\\]  \n\\[*name of applicant*\\]\n\nForm 8\n\nSection 4(8)\n\n**Application under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 41, for cancellation of covert surveillance authority**\n\nI, \\[*insert name of the employee, employer or other person affected by the covert surveillance authority applying to a judicial member of the Industrial Relations Commission for cancellation of the authority*\\], apply under the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 41, for the cancellation of the covert surveillance authority issued to \\[*insert name of employer or employer’s representative to whom authority was issued*\\] on \\[*insert date on which authority was issued*\\] by \\[*insert name of person who issued the authority sought to be cancelled*\\] authorising the carrying out of covert surveillance of employees while at work for the employer during the period from \\[*time*\\] on \\[*date*\\] to \\[*time*\\] on \\[*date*\\].\n\nThe following are the grounds on which cancellation of the authority is sought—  \n\\[*state the grounds on which applicant seeks cancellation*\\]\n\nDated  \n\\[*signature*\\]  \n\\[*name of applicant*\\]\n\n**sch 1:** Am 2023 No 41, Sch 2.38\\[3\\]–\\[6\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7\n\nIn accordance with the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 23(4), the following person\\*/persons\\* are nominated to oversee the conduct of the covert surveillance operation and, for the Act, section 27(2), have the following qualifications or experience that suit the person\\*/persons\\* to be responsible for overseeing the conduct of the surveillance—  \n\\[*insert full name of each person nominated to oversee the conduct of the covert surveillance operation, together with details of their qualifications and experience to satisfy the Magistrate that each person designated by the Magistrate as a surveillance supervisor has qualifications or experience that suit the person to be responsible for overseeing the conduct of the operation*\\]","sortOrder":14},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8\n\nFor the purpose of the [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 27(3), the person\\*/persons\\* nominated to oversee the conduct of the covert surveillance operation are, for the following reasons, competent and fit to oversee the conduct of the surveillance in the areas listed below and capable of adequately accommodating in the conduct of the operation the employees’ heightened expectation of privacy—  \n\\[*Delete this paragraph if authorisation is not sought to conduct covert surveillance of a recreation room, meal room or any other areas of the workplace where employees are not directly engaged in work. If authorisation is sought to conduct covert surveillance of any such areas, list the areas and give reasons to satisfy the Magistrate that each person designated by the Magistrate as a surveillance supervisor is competent and fit to oversee the conduct in those areas, and capable of adequately accommodating in the conduct of the operation the employees’ heightened expectation of privacy*.\\]","sortOrder":15},{"sectionNumber":"9","sectionType":"section","heading":null,"content":"#### 9\n\n9\n\nVerification of the employer’s authority for me to act as an employer’s representative for the purposes of the covert surveillance operation is attached.  \n\\[*If the applicant is an employer’s representative, attach verification. If the applicant is the employer, delete this paragraph. The [Workplace Surveillance Act 2005](/view/html/inforce/current/act-2005-047), section 23(2)(h), requires an applicant for the issue of a covert surveillance authority who is an employer’s representative to include verification acceptable to the Magistrate to whom the application is made of the employer’s authority for the person to act as an employer’s representative for the purposes of the covert surveillance operation.*\\]","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10\n\nThe covert surveillance authority remains in force for the period from \\[*time*\\] on \\[*date*\\] to \\[*time*\\] on \\[*date*\\].","sortOrder":26}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Regulation maintains the same narrow scope as its 2017 predecessor. It remains purely procedural — prescribing forms and administrative requirements for the covert surveillance framework established by the parent Act. There is no expansion into substantive surveillance rules, employee notification requirements, or new categories of surveillance. The 2023 amendments simply updated references to reflect changes to the Industrial Relations Commission structure, without altering the underlying purpose."},"complexity_factors":["Straightforward structure: only 6 operative sections plus Schedule of forms","Minimal defined terms: only 2 definitions in section 3 ('the Act' and reference to forms)","No nested conditional logic or exceptions to exceptions","Heavy reliance on external legislation (Workplace Surveillance Act 2005) for substantive requirements, but this Regulation only deals with procedural/form matters","Forms are lengthy and detailed but are templates rather than legal rules","Simple repeal and savings provision in section 6 with no complex transitional arrangements","2023 amendments (noted in text) are minor machinery amendments referencing Industrial Relations Commission jurisdiction"],"plain_english_summary":"**What this legislation does**\n\nThis Regulation sets out the **paperwork and procedures** for employers in New South Wales who want to secretly watch their employees at work (called \"covert surveillance\").\n\nUnder the main **Workplace Surveillance Act 2005**, employers generally can't spy on workers without their knowledge. However, there's a narrow exception: if an employer suspects an employee is doing something illegal at work, they can apply to a **Magistrate** (or in some cases, a judicial member of the Industrial Relations Commission) for special permission to conduct secret surveillance.\n\nThis Regulation provides:\n\n- **Eight standard forms** that must be used for applications, approvals, variations, cancellations, and reports\n- **Rules about record-keeping** — Magistrates must tell the Minister when they receive applications or issue approvals, but must keep the information confidential\n- **A savings provision** — anything valid under the old 2017 Regulation stays valid under this one\n\n**Who it affects**\n\n- **Employers** who suspect unlawful activity and want to conduct secret surveillance\n- **Employees** who might be subject to secret filming, computer monitoring, or tracking\n- **Magistrates and Industrial Relations Commission members** who decide whether to grant surveillance authority\n- **Surveillance supervisors** — the qualified people who must oversee any secret surveillance operation\n\n**Why it matters**\n\nThis is a **privacy safeguard**. It ensures employers can't just install hidden cameras or spy on workers' computers on a whim. They must:\n\n- Prove they suspect **unlawful activity** (not just poor performance)\n- Show they've tried other methods first\n- Get **judicial approval** from a Magistrate\n- Use only **qualified supervisors**\n- **Destroy footage** that isn't needed as evidence\n- **Report back** on what they found\n\nThe forms ensure consistency and force employers to think through the justification, scope, and limits of any surveillance before a Magistrate will sign off."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation does not expand the Act’s substantive surveillance powers. It repeals and replaces the 2017 Regulation but preserves existing effects (s2; s6(2)) and mainly restates procedural and documentary requirements—prescribed forms, reporting obligations and Magistrate/judicial-member notice—under the framework established by the Workplace Surveillance Act 2005 (s3; s4; s5)."},"complexity_factors":["Dependence on the Workplace Surveillance Act 2005 and Interpretation Act 1987 for definitions and substantive authority (s3).","Multiple prescribed document types and detailed fields to complete (applications, authorities, variations, cancellations, reports) — s4 and Schedule 1.","Magistrate/judicial-member procedural duty to notify the Minister while preserving confidentiality; notice content limited to what is needed for the Act’s annual report (s5).","Detailed conditions on surveillance supervisors, record handling, destruction timelines and access to records when employers take detrimental action (Sch 1 cl 7(a)–(d); cl 8(b)).","Temporal constraint and operational detail embedded in forms (any authority cannot exceed 30 days as noted in Schedule 1 forms).","Verification and evidence requirements for applicants (information must be verified on oath/affidavit; Magistrate may request further information) — form notes referencing Act s23(5),(7).","Repeal and savings mechanics that replace the 2017 Regulation but preserve pre-existing effects (s2, s6(1)–(2)).","Recent amendments signalled in footnotes (Am 2023 No 41) affecting forms and cross-references."],"plain_english_summary":"This Regulation implements procedural rules for covert workplace surveillance under the Workplace Surveillance Act 2005. It prescribes the exact application and authority forms, the conditions attached to granted covert surveillance, reporting contents and timeframes, and a Magistrate/judicial-member notice duty to the Minister (s4–s5; Sch 1). It repeals the 2017 Regulation and carries forward existing arrangements (s2, s6). It affects employers seeking covert surveillance, employees who may be surveilled, and judicial officers who issue, vary or cancel authorities."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based solely on the administrative metadata provided, there is no evidence of scope change from original intent. The regulation appears to operate within the established framework of the Workplace Surveillance Act 2005. The 2024 amendment may have adjusted specific provisions, but the document does not contain enough substantive content to assess whether scope was broadened or narrowed."},"complexity_factors":["Only administrative/metadata content was provided — no substantive operative provisions are visible, limiting full analysis","The regulation operates as subordinate legislation under a parent Act, requiring understanding of a two-tier legal framework","Staged automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer","Two distinct versions (2022 and 2024) suggest amendments have been made, but the nature of those changes is not visible in this extract","Workplace surveillance law inherently involves balancing competing rights (employer monitoring vs employee privacy), which adds interpretive complexity in application"],"plain_english_summary":"This NSW regulation sits under the Workplace Surveillance Act 2005 and governs administrative aspects of workplace monitoring. The extract shows it was made 22 July 2022, updated 1 July 2024, applies in New South Wales, and is scheduled for automatic repeal on 1 September 2027. It affects employers and employees by shaping how employer monitoring is regulated, but the extract does not include the regulation’s operative rules."}},"importantCases":[],"_links":{"self":"/api/acts/workplace-surveillance-regulation-2022","history":"/api/acts/workplace-surveillance-regulation-2022/history","analysis":"/api/acts/workplace-surveillance-regulation-2022/analysis","conflicts":"/api/acts/workplace-surveillance-regulation-2022/conflicts","importantCases":"/api/acts/workplace-surveillance-regulation-2022/important-cases","documents":"/api/acts/workplace-surveillance-regulation-2022/documents"}}