16Prohibition on surveillance using work surveillance device while employee not at work

#### 16 Prohibition on surveillance using work surveillance device while employee not at work 16 Prohibition on surveillance using work surveillance device while employee not at work > > (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. > > > > Maximum penalty—50 penalty units. > > > (2) A work surveillance device is a device used for surveillance of the employee when at work for the employer. > > > (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. > > **s 16:** Am 2005 No 98, Sch 1.25 \[1\].