Australian Capital Territory Numbered Acts

WORKPLACE PRIVACY ACT 2011 (NO. 4 OF 2011) - SECT 23

    (1)     An employer must, on the written request of a worker, allow the worker to have access to surveillance records in relation to the worker.

    (2)     If an employer fails to allow the worker to have access to surveillance records under subsection (1), the records must not be used by the employer—

        (a)     in a legal proceeding between the employer and the worker; or

        (b)     to take adverse action against the worker.

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

    (3)     Subsections (1) and (2) do not apply if—

        (a)     disclosing the surveillance records would be an offence under section 22 or otherwise unlawful; or

        (b)     the employer is satisfied on reasonable grounds that—

              (i)     allowing access would have an unreasonable impact on the privacy of other individuals; or

              (ii)     the request for access is frivolous or vexatious; or

              (iii)     the information relates to existing or anticipated legal proceedings between the employer and the worker and the information would be accessible by the process of discovery in those proceedings; or

              (iv)     allowing access would reveal the intentions of the employer in relation to negotiations with the individual in a way that would be likely to prejudice the negotiations; or

              (v)     not allowing access is required or authorised under a territory law or the law of another jurisdiction; or

              (vi)     allowing access would be likely to prejudice an investigation of possible unlawful activity; or

              (vii)     allowing access would be likely to prejudice—

    (A)     the prevention, detection, investigation, prosecution or punishment of a criminal offence or breach of a law imposing a penalty or sanction; or

    (B)     the enforcement of a law relating to the confiscation of the proceeds of crime; or

    (C)     the prevention, detection, investigation or remedying of serious improper conduct; or

    (D)     the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders, by or on behalf of a law enforcement agency; or

        (c)     a law enforcement body performing a lawful security function asks the employer not to allow access to the information on the basis that allowing access would be likely to cause damage to the security of Australia.