Comply with Workplace Surveillance Act 2005 (NSW)
NSW employers conducting workplace surveillance must give notice + meet specific conditions.
Who must comply
Employers in NSW (including related corporations treated as one employer under s 4, and the Crown) that carry out, or cause to be carried out, surveillance of their employees while at work.
What triggers it
Introducing or changing camera, computer or tracking surveillance of employees, blocking employee emails or website access, using or disclosing surveillance records, or seeking to conduct covert surveillance.
When due
Written notice at least 14 days before surveillance commences (or before a new employee starts work if surveillance is already running or begins within 14 days); computer surveillance and email/internet blocking policies notified in advance; prevented-delivery notices given as soon as practicable when an employee's email is blocked.
Evidence required
Section 10 surveillance notices and delivery records; computer surveillance and email/internet access policy with evidence employees were notified; camera signage at each entrance; tracking notices on vehicles; prevented-delivery notices; register of uses and disclosures of surveillance records against the s 18 permitted purposes; any covert surveillance authority, surveillance supervisor details and report on its use.
Max penalty
Up to 50 penalty units for surveillance in change rooms, toilets or bathing facilities (s 15), surveillance of employees not at work (s 16), unlawful blocking of emails or internet access (s 17) and covert surveillance without an authority (s 19); up to 20 penalty units for using or disclosing surveillance records outside the permitted purposes (s 18)
Who must comply with this? The applicability test by industry, business structure and size.
Summary
The Workplace Surveillance Act 2005 (NSW) governs camera, computer and tracking surveillance of employees while they are at work. Surveillance must not start without written notice (email counts) given at least 14 days beforehand unless the employee agrees to less, stating the kind of surveillance, how and when it will be carried out, whether it is continuous or intermittent, and whether it is for a limited period or ongoing (s 10). Cameras, or casings indicating a camera, must be clearly visible with signs at each entrance (s 11); computer surveillance must follow an employer policy the employee has been notified of in advance (s 12); tracked vehicles or things must carry a visible notice (s 13). Surveillance that does not follow Part 2 is covert surveillance, which is an offence unless authorised by a covert surveillance authority obtained to establish whether particular employees are engaged in unlawful activity at work, never to monitor work performance. Surveillance in change rooms, toilets and showers, and surveillance with a work device when the employee is not at work (other than computer surveillance of employer-provided equipment), are prohibited.
Enforced by
Source legislation
Topics
Related
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Frequently asked questions
- Who must comply with Workplace Surveillance Act 2005 (NSW)?
- Employers in NSW (including related corporations treated as one employer under s 4, and the Crown) that carry out, or cause to be carried out, surveillance of their employees while at work.
- What triggers Workplace Surveillance Act 2005 (NSW)?
- Introducing or changing camera, computer or tracking surveillance of employees, blocking employee emails or website access, using or disclosing surveillance records, or seeking to conduct covert surveillance.
- When is Workplace Surveillance Act 2005 (NSW) due?
- Written notice at least 14 days before surveillance commences (or before a new employee starts work if surveillance is already running or begins within 14 days); computer surveillance and email/internet blocking policies notified in advance; prevented-delivery notices given as soon as practicable when an employee's email is blocked.
- What is the maximum penalty for Workplace Surveillance Act 2005 (NSW)?
- Up to 50 penalty units for surveillance in change rooms, toilets or bathing facilities (s 15), surveillance of employees not at work (s 16), unlawful blocking of emails or internet access (s 17) and covert surveillance without an authority (s 19); up to 20 penalty units for using or disclosing surveillance records outside the permitted purposes (s 18)
- What evidence is required for Workplace Surveillance Act 2005 (NSW)?
- Section 10 surveillance notices and delivery records; computer surveillance and email/internet access policy with evidence employees were notified; camera signage at each entrance; tracking notices on vehicles; prevented-delivery notices; register of uses and disclosures of surveillance records against the s 18 permitted purposes; any covert surveillance authority, surveillance supervisor details and report on its use.
Source: https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-047. Rules Mate is not a law firm. Always verify against the live regulator source before acting.