Workplace Surveillance Act 2005
Currency
As amended to Industrial Relations Amendment Act 2023. Commenced 1 July 2024.
Jurisdiction
Section 45(1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.
Appeals
Section 41: An applicant for a covert surveillance authority who is aggrieved by a decision of a Magistrate to refuse to issue or to vary or cancel a covert surveillance authority may apply to a judicial member of the Industrial Relations Commission to issue, vary or cancel the authority.
Authority to prosecute
Section 46: Proceedings for an offence against this Act or the regulations may be instituted only:
- (a)
-
with the written consent of the Minister, or
- (b)
-
with the written consent of an officer prescribed by the regulations, or
- (c)
-
by the secretary of an industrial organisation of employees any member or members of which are concerned in the matter to which the proceedings relate, or
- (d)
-
by a person who was the subject of the surveillance with which the alleged offence is concerned.
| SECTION | DESCRIPTION | PENALTY (MAX) |
|---|---|---|
| 15 | Employer carry out surveillance in change room/toilet/shower | 50 pu |
| 16(1) | Employer carry out surveillance when employee not at work | 50 pu |
| 17(1) | Employer prevent delivery of email/access to internet except in accord with policy | 50 pu |
| 18 | Employer fail to ensure that surveillance record only used or disclosed for lawful purpose | 20 pu |
| 19 | Employer carry out covert surveillance without covert surveillance authority | 50 pu |
| 30 | Person contravene condition of covert surveillance authority | 50 pu |
| 35(1) | Employer to report on use of covert surveillance authority within 30 days | 20 pu |
| 36(1), (2) | Surveillance supervisor/employer fail to ensure covert surveillance authority record protected against loss or unauthorised use | 20 pu |
| 37(1) | Person use/disclose covert surveillance record without reason as provided | 20 pu |