New South Wales Consolidated Acts

WORKPLACE SURVEILLANCE ACT 2005

- As at 1 July 2024
- Act 47 of 2005

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Extended meaning of "employer" when corporations related
   5.      Meaning of "at work"
   6.      Act to bind Crown
   7.      Notes
   8.      Relationship with WHS Act

   PART 2 - NOTIFICATION OF WORKPLACE SURVEILLANCE OF EMPLOYEES
   Note

   9.      Application of Part
   10.     Notice of surveillance required
   11.     Additional requirements for camera surveillance
   12.     Additional requirements for computer surveillance
   13.     Additional requirements for tracking surveillance
   14.     Exemption for certain surveillance by agreement

   PART 3 - PROHIBITED SURVEILLANCE

   15.     Surveillance of change rooms and bathrooms prohibited
   16.     Prohibition on surveillance using work surveillance device while employee not at work
   17.     Restrictions on blocking emails or Internet access
   18.     Restrictions on use and disclosure of surveillance records--notified surveillance

   PART 4 - COVERT SURVEILLANCE OF EMPLOYEES AT WORK

           Division 1 - Restrictions on covert surveillance

   19.     Covert surveillance prohibited without covert surveillance authority
   20.     What covert surveillance authority authorises
   21.     Exceptions--law enforcement, correctional centres, courts, casino
   22.     Defence--surveillance for security of the workplace

           Division 2 - Covert surveillance authorities

   23.     Application for covert surveillance authority
   24.     Dealing with application
   25.     Grounds for issue of covert surveillance authority
   26.     Privacy must be considered
   27.     Surveillance supervisor
   28.     Form of covert surveillance authority
   29.     Duration and conditions of covert surveillance authority
   30.     Contravention of condition of authority
   31.     Variation or cancellation of authority
   32.     Further application for authority after refusal
   33.     Records relating to covert surveillance authority
   34.     Defects in authority
   35.     Report on use of authority

           Division 3 - Covert surveillance records

   36.     Storage of surveillance records of covert surveillance
   37.     Covert surveillance records may be used or disclosed for relevant purpose only
   38.     Information obtained inadvertently pursuant to authority

   PART 5 - MISCELLANEOUS

   39.     Commonwealth laws
   40.     Functions under Act of Magistrates
   41.     Application to judicial member of Industrial Relations Commission
   42.     Annual report
   43.     Offences by corporations
   44.     Regulations
   45.     Summary procedure for offences
   46.     Authority to prosecute
   47.     Savings and transitional provisions
   48.     Repeals
   49.     Review of Act
           SCHEDULE 1