6CSafeWork inspector’s use of body-worn recording devices—the Act, s 59(2)

6C SafeWork inspector’s use of body-worn recording devices—the Act, s 59(2)

6C SafeWork inspector’s use of body-worn recording devices—the Act, s 59(2)

(1) A SafeWork inspector is exempt from the Act, sections 7 and 8, in relation to the installation, use and maintenance of a body-worn recording device if—

(a) the inspector uses the device while acting in accordance with the inspector’s powers under the Work Health and Safety Act 2011, and

(b) the device is prominently attached to the inspector’s clothing, and

(c) at least one of the following apply to the use of the device by the inspector—

(i) before making a recording, the inspector made a reasonable attempt to ensure the person likely to be recorded by the device was aware the device was capable of recording images or sound, or both,

(ii) in the inspector’s opinion, there is a significant risk of harm to the inspector or another person,

(iii) the recording of images or sound, or both, by the device is inadvertent or unexpected.

(2) In this section—

body-worn recording device means a listening device or optical surveillance device, or both, worn on a person.

SafeWork inspector means a person who is appointed as—

(a) an inspector under the Work Health and Safety Act 2011, section 156, or

(b) an inspector under the Explosives Act 2003, section 25, while exercising powers under the provisions of the Work Health and Safety Act 2011 applied by the Explosives Act 2003, section 27.

(3) This section is repealed at the end of 31 August 2027.

Note—

The Act, section 59(3) provides that this section, as inserted by the Surveillance Devices Amendment (Body-Worn Video) Regulation 2024, takes effect on and from the expiry of the period during which either House of Parliament may, under the Interpretation Act 1987, section 41, disallow the regulation.