Australian Capital Territory Numbered Acts

WORKPLACE PRIVACY ACT 2011 (NO. 4 OF 2011) - SECT 26

    (1)     An employer may apply to the Magistrates Court for authority (a covert surveillance authority ) to conduct covert surveillance of a worker in a workplace only for the purpose of finding out if the worker is engaged in an unlawful activity in the workplace.

Note 1     If a form is approved under the Court Procedures Act 2004 , s 8 for the application, the form must be used.

Note 2     A fee may be determined under the Court Procedures Act 2004 , s 13 for this provision.

    (2)     The application must be in writing and be accompanied by particulars of—

        (a)     the grounds that the employer has for suspecting a worker is involved in an unlawful activity and the name of the worker (if practicable); and

        (b)     the actions (if any) the employer has taken to detect the unlawful activity and the result of the actions; and

        (c)     the name of any worker (if practicable) or a description of the group or class of workers, who will regularly or ordinarily be the subject of the covert surveillance; and

        (d)     a description of the premises, place, computer, vehicle or other thing that will regularly or ordinarily be the subject of the covert surveillance; and

        (e)     the kind of surveillance device that is proposed to be used for the covert surveillance; and

        (f)     the period during which the covert surveillance is proposed to be conducted; and

        (g)     if an application for a covert surveillance authority for the proposed surveillance has previously been made—the result of the application and, if the authority was issued, any covert surveillance conducted under the authority; and

        (h)     anything else prescribed by regulation.

    (3)     An application must also nominate at least 1 person to be a surveillance supervisor for the covert surveillance authority.

    (4)     If an application for a covert surveillance authority is refused by the Magistrates Court, a further application in relation to the same surveillance may only be made if the further application provides additional relevant information.