Australian Capital Territory Current Acts

WORKPLACE PRIVACY ACT 2011 - SECT 37

    (1)     An employer commits an offence if—

        (a)     the Magistrates Court issues a covert surveillance authority to the employer; and

        (b)     the employer fails to give the court a written report setting out the covert surveillance authority information within 30 days after the end of the covert surveillance authority.

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

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

Maximum penalty: 20 penalty units.

    (2)     In this section:

"covert surveillance authority information" means the following:

        (a)     the name of any worker (if practicable), or a description of the group or class of workers who were the subject of the covert surveillance;

        (b)     the period during which the covert surveillance was conducted;

        (c)     the kind of surveillance device used and the kind of place where the device was installed or used;

        (d)     whether any surveillance device has been removed and, if not, why not;

        (e)     the conditions on the covert surveillance authority;

        (f)     details of any covert surveillance records made as a consequence of the covert surveillance;

        (g)     any action taken or proposed to be taken in light of the information obtained;

        (h)     any reason why a worker who was the subject of the surveillance should not be told of the surveillance;

              (i)     details of any previous use of covert surveillance in relation to the suspected unlawful activity to which the covert surveillance authority applies;

        (j)     anything else prescribed by regulation.