Australian Capital Territory Numbered Acts

WORKPLACE PRIVACY ACT 2011 (NO. 4 OF 2011) - SECT 22

    (1)     An employer commits an offence if the employer—

        (a)     conducts surveillance of a worker; and

        (b)     uses a surveillance record in relation to the surveillance to take adverse action against the worker.

Maximum penalty: 50 penalty units.

Note     Adverse action —see the Fair Work Act 2009 , s 342.

    (2)     Subsection (1) does not apply if the notice given to the worker under section 13 stated that the employer may use the surveillance to take adverse action against the worker.

    (3)     An employer who conducts surveillance of a worker in a workplace must ensure that a surveillance record in relation to the surveillance is otherwise only used or disclosed if—

        (a)     the record is used or disclosed for a legitimate purpose in relation to the employment of a worker or the legitimate business activities or functions of the employer; or

        (b)     the record is disclosed to a member of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence; or

        (c)     the record is used or disclosed for a purpose directly or indirectly related to a civil or criminal proceeding; or

        (d)     the employer reasonably believes that the use or disclosure of the record is necessary to avoid an imminent risk of death of, or serious injury to, someone or substantial damage to property; or

        (e)     the record is disclosed under section 23.

Maximum penalty: 50 penalty units.