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](/view/html/inforce/current/act-2011-010), 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](/view/html/inforce/current/act-2011-010), section 156, or > > > > > (b) an inspector under the [Explosives Act 2003](/view/html/inforce/current/act-2003-039), section 25, while exercising powers under the provisions of the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) applied by the [Explosives Act 2003](/view/html/inforce/current/act-2003-039), 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 (3) This section is repealed at the end of 31 August 2027.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](/view/pdf/asmade/sl-2024-640), takes effect on and from the expiry of the period during which either House of Parliament may, under the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 41, disallow the regulation. > > Editorial note— > > This clause commences on 27 May 2025. > > **s 6C:** Ins 2024 (640), Sch 1.