Australian Capital Territory Current Acts

WORKPLACE PRIVACY ACT 2011 - SECT 13

    (1)     An employer may only conduct surveillance of a worker in a workplace if—

        (a)     the employer gives written notice to the worker under this section; and

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

        (b)     the surveillance is conducted in accordance with the notice.

    (2)     However, an employer need not give written notice to a worker for surveillance using an optical surveillance device in a workplace if the workplace is not a usual workplace of the worker.

    (3)     The notice must be given—

        (a)     at least 14 days before the surveillance starts; or

        (b)     if the worker agrees to a period of less than 14 days for giving the notice—within the agreed lesser period; or

        (c)     if a new worker starts work with an employer that already conducts surveillance or will start conducting surveillance in less than 14 days after the new worker starts work—before the new worker starts work.

    (4)     The notice must state—

        (a)     the kind of surveillance device to be used for the surveillance; and

        (b)     how the surveillance will be conducted; and

        (c)     who will regularly or ordinarily be the subject of the surveillance; and

        (d)     when the surveillance will start; and

        (e)     whether the surveillance will be continuous or intermittent; and

        (f)     whether the surveillance will be for a stated period or ongoing; and

        (g)     the purpose for which the employer may use and disclose surveillance records of the surveillance; and

        (h)     that the worker may consult with the employer about the conduct of the surveillance under section 14.

    (5)     A notice may be in the form of a policy of the employer or otherwise.