Section 3 - Workplace Surveillance Act 2005 - Definitions

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3 Definitions

In this Act—

at work—see section 5.

camera includes an electronic device capable of monitoring or recording visual images of activities on premises or in any other place.

covert surveillance means surveillance of an employee while at work for an employer carried out or caused to be carried out by the employer and not carried out in compliance with the requirements of Part 2.

covert surveillance authority means an authority issued under Part 4.

employee has the same meaning as in the Industrial Relations Act 1996 and includes—

(a) a bailee of a public vehicle or a carrier under Chapter 6 (Public vehicles and carriers) of the Industrial Relations Act 1996, and

(b) a person performing voluntary work (that is, a person performing work without remuneration, reward or obligation).

employer has the same meaning as in the Industrial Relations Act 1996 and includes—

(a) in the case of an employee who is a bailee of a public vehicle or a carrier under Chapter 6 of the Industrial Relations Act 1996—the bailor of the public vehicle or the principal contractor under that Chapter, and

(b) a person for whom an employee performs voluntary work, and

(c) another person for whom an employee performs work pursuant to any contract or other arrangement between that other person and the employee’s employer (such as a labour hire contract).

Note.

Paragraph (c) can result in an employee having 2 employers for the purposes of this Act—the employee’s actual employer and another person for whom the employee is doing work under (for example) a labour hire contract between that other person and that employer.

employer’s representative means a person authorised by an employer to act on behalf of the employer for the purposes of this Act.

exercise a function includes perform a duty.

function includes a power, authority or duty.

Judge means a Judge of the Local Court.

law enforcement agency means any of the following—

(a) the NSW Police Force,

(b) a police force or police service of another State or a Territory,