Comply with Workplace Surveillance Act 2005 (NSW)
NSW employers conducting workplace surveillance must give notice + meet specific conditions.
Who must comply
NSW employers conducting workplace surveillance.
What triggers it
Installing or using camera, computer or tracking surveillance.
When due
14 days' notice before commencement.
Evidence required
Surveillance policy; employee notification records; signage; covert surveillance Magistrate orders.
Max penalty
Civil + criminal penalties for unauthorised surveillance
Summary
The Workplace Surveillance Act 2005 (NSW) regulates camera, computer + tracking surveillance of NSW employees. Employer must give written notice 14 days before commencing; cameras must be visible + notified; computer surveillance must follow a written policy; covert surveillance requires Magistrate authorisation.
Enforced by
Source legislation
Topics
Related obligations
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- NSWPay long service leave under the LSL Act 1955 (NSW)NSW employees accrue 2 months LSL after 10 years' continuous service, payable on resignation after 5 years.
- NSWPCBU primary duty of care (NSW WHS Act s 19)NSW PCBUs must so far as reasonably practicable ensure the health and safety of workers and others.
- NSWNSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)NSW mine operators face mine-specific WHS obligations + Resources Regulator oversight.
- NSWNotify SafeWork NSW of notifiable WHS incidentsDeath, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.
- NSWComply with NSW Design and Building Practitioners Act 2020Designers + builders of Class 2-9 buildings in NSW must register + lodge declarations.
Frequently asked questions
- Who must comply with Workplace Surveillance Act 2005 (NSW)?
- NSW employers conducting workplace surveillance.
- What triggers Workplace Surveillance Act 2005 (NSW)?
- Installing or using camera, computer or tracking surveillance.
- When is Workplace Surveillance Act 2005 (NSW) due?
- 14 days' notice before commencement.
- What is the maximum penalty for Workplace Surveillance Act 2005 (NSW)?
- Civil + criminal penalties for unauthorised surveillance
- What evidence is required for Workplace Surveillance Act 2005 (NSW)?
- Surveillance policy; employee notification records; signage; covert surveillance Magistrate orders.
Source: https://www.ipc.nsw.gov.au/privacy/workplace-surveillance. Rules Mate is not a law firm. Always verify against the live regulator source before acting.