Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An employer commits an offence if the employer conducts covert surveillance of a worker in a workplace.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply if the surveillance is—
(a) conducted in accordance with a covert surveillance authority; or
(b) conducted by a member or officer of a law enforcement agency in the exercise of a function under a territory law or law of another jurisdiction; or
(c) surveillance using an optical surveillance device in a correctional centre or another place where a person is in lawful custody; or
(d) surveillance using an optical surveillance device to monitor operations carried out in a casino in accordance with the Casino Control Act 2006
; or
(e) surveillance using an optical surveillance device of a legal proceeding or proceeding before a law enforcement agency conducted by a person in the exercise of a function under a territory law or law of another jurisdiction.
Note The employer has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).