Australian Capital Territory Current Acts

WORKPLACE PRIVACY ACT 2011 - SECT 36

    (1)     It is a defence to a prosecution for an offence against section 35 if the defendant proves that—

        (a)     covert surveillance was conducted solely to ensure the security of the workplace or people in it (the relevant purpose ) and the surveillance of a worker was extrinsic to the relevant purpose; and

        (b)     there was a real and significant likelihood of the security of the workplace or people in it being jeopardised if covert surveillance was not conducted; and

        (c)     the employer notified workers (or a body representing a substantial number of the workers) in the workplace in writing of the intended surveillance for the relevant purpose before it was conducted.

Note     The defendant has a legal burden in relation to the matters mentioned in s (1) (see Criminal Code

, s 59).

    (2)     A covert surveillance record in relation to a worker that results from the conduct of surveillance mentioned in this section is not admissible in evidence in a proceeding against the worker unless—

        (a)     for a disciplinary or legal proceeding—the proceeding relates to the security of the workplace or people in the workplace; or

        (b)     for a legal proceeding—the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been obtained in the way in which the evidence was obtained.