Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKPLACE PRIVACY ACT 2011 - SECT 38

Orders for covert surveillance record

    (1)     This section applies if an employer gives a report to the Magistrates Court under section 37 in relation to a covert surveillance authority.

    (2)     The Magistrates Court may make any order in relation to the use and disclosure of a covert surveillance record that the court considers appropriate, including 1 or both of the following:

        (a)     an order that a covert surveillance record be delivered to the court to be kept in the court's safekeeping or to be dealt with by the court as it considers appropriate;

        (b)     an order that a stated person or entity be told of the covert surveillance and given access to a covert surveillance record, or part of a covert surveillance record of the surveillance.

    (3)     The Magistrates Court must make an order under subsection (2) (b) in favour of the worker the subject of the covert surveillance unless satisfied there is a good reason not to.

    (4)     In considering whether there is a good reason not to make an order in favour of the worker, the Magistrates Court must consider whether the surveillance was justified or an unnecessary interference with privacy.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback