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ARTICLE · 03 JUNE 2012

Are you thinking about using GPS tracking devices?

In NSW, the surveillance of work vehicles must comply with the Workplace Surveillance Act or it is 'covert' and illegal.

AustraliaEmployment and HR

By Gavin Hanrahan

GPS vehicle tracking is becoming more common in the work place. Over the last few years the costs involved with installing GPS tracking devices in work vehicles has decreased, allowing small to medium business owners to begin tracking their fleet.

However, while using GPS software to track the movements of employees may sound like a good idea, it is not without risk to the business owner.

In NSW, if the surveillance of work vehicles is not compliant with the Workplace Surveillance Act ("the Act"), it is deemed to be 'covert surveillance' and illegal unless authorised by a Magistrate...and any evidence that may have been obtained using covert surveillance will not be able to be used in any subsequent proceedings (eg. to defend an unfair dismissal claim).

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