Surveillance In The Workplace in NSW

IN BRIEF

New South Wales is one of the few Australian states which has dedicated legislation addressing surveillance in the workplace. The Workplace Surveillance Act 2005 (NSW) (the Act) deals with camera, computer and tracking surveillance. The Act provides that in some circumstances employers can surveil employees with their knowledge (overt surveillance) and in others, without their knowledge (covert surveillance).

OVERT SURVEILLANCE

The Act requires that employees be notified of any overt surveillance at least 14 days prior to the surveillance commencing. The Act specifies that the notice of surveillance must outline:

• the type of surveillance to be carried out (camera, computer, or tracking);