Australian Capital Territory Current Acts

WORKPLACE PRIVACY ACT 2011 - SECT 42

    (1)     An employer commits an offence if the employer conducts surveillance of a worker if the worker is not in a workplace.

Maximum penalty: 50 penalty units.

    (2)     Subsection (1) does not apply if—

        (a)     the employer conducts surveillance of a worker's use of equipment or resources provided by the employer using a data surveillance device; or

        (b)     the employer conducts surveillance using a tracking device that includes a tracking function that cannot be deactivated; or

        (c)     the employer is a law enforcement agency.

Note     The employer has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

    (3)     For subsection (2) (a), equipment or resources are taken to be provided by an employer if the employer has met the cost of the equipment or resources.