Australian Capital Territory Current Acts

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WORKPLACE PRIVACY ACT 2011 - SECT 31

Conditions on covert surveillance authority

    (1)     A covert surveillance authority is subject to the conditions mentioned in this section.

    (2)     A surveillance supervisor must not give another person access to a covert surveillance record.

    (3)     However, a surveillance supervisor may give an employer a part of a covert surveillance record—

        (a)     for a purpose for which the covert surveillance authority was issued; or

        (b)     to identify or detect any other unlawful activity in a workplace.

    (4)     A surveillance supervisor must, within 3 months after the expiry of a covert surveillance authority, erase or destroy all covert surveillance records in relation to the authority, other than records required for investigative or evidentiary purposes.

    (5)     An employer must, on the written request of a worker, give the worker access to any part of a covert surveillance record that an employer seeks to rely on to take adverse action in relation to the worker.

Note     Adverse action —see the Fair Work Act 2009

(Cwlth), s 342.



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