Australian Capital Territory Current Acts

WORKPLACE PRIVACY ACT 2011 - SECT 28

    (1)     The Magistrates Court may, on application, issue a covert surveillance authority if satisfied that there are reasonable grounds to issue the authority.

Note     If a form is approved under the Court Procedures Act 2004

, s 8 for the order, the form must be used.

    (2)     In considering whether there are reasonable grounds to issue the covert surveillance authority, the Magistrates Court must consider—

        (a)     the seriousness of the suspected unlawful activity; and

        (b)     whether and the extent to which the proposed surveillance might intrude on the worker's or someone else's privacy; and

        (c)     if the proposed surveillance may be conducted in a non-work area—a worker's heightened expectation of privacy in the area; and

Note 1     Surveillance is prohibited in some non-work areas (see s 41).

Note 2     Non-work area —see the dictionary.

        (d)     whether there are other appropriate ways to find out if the worker is engaged in an unlawful activity in the workplace; and

        (e)     whether it is more appropriate for the suspected unlawful activity to be investigated by a law enforcement agency; and

        (f)     whether the person nominated to be the surveillance supervisor in the application is suitable.

Note     Section 29 deals with appointing a surveillance supervisor.

    (3)     The Magistrates Court may consider any other relevant matter.

    (4)     The covert surveillance authority must state—

        (a)     the nature of the suspected unlawful activity and the name of the worker (if practicable) in relation to which the authority is issued; and

        (b)     the name of any worker (if practicable) or a description of the group or class of workers who may be the subject of the covert surveillance; and

        (c)     the premises, place, computer, vehicle or other thing that may be the subject of the covert surveillance; and

        (d)     the kind of surveillance device that may be used for the covert surveillance and where the device may be used or installed; and

        (e)     when the covert surveillance may be conducted; and

        (f)     the name of each person designated as a surveillance supervisor; and

        (g)     the period that the authority remains in force; and

        (h)     the conditions on the covert surveillance authority; and

Note     For the conditions on a covert surveillance authority, see s 31.

              (i)     the requirements for—

              (i)     reporting on the use of the covert surveillance authority under section 37; and

              (ii)     use and disclosure of covert surveillance records under section 39.