NSWIn ForceAct
Workplace Surveillance Act 2005
25Grounds for issue of covert surveillance authority
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#### 25 Grounds for issue of covert surveillance authority
25 Grounds for issue of covert surveillance authority
> > (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.
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> > (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.
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> > (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.
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> **s 25:** Am 2025 No 61, Sch 2.92\[2\].