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ARTICLE · 18 SEPTEMBER 2017

Workplace surveillance in NSW: Having a computer surveillance policy is a mandatory requirement

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As well as an appropriate policy, any employees must be given at least 14 days' written notice of computer surveillance.

AustraliaEmployment and HR
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There is a view in some businesses that the implementation of written workplace policies are something of a "nice to have" or an "optional extra", and are ultimately a matter of choice for the employer.

Whilst there may be no mandatory requirement to have a policy on many workplace matters, the situation in respect of computer surveillance and email / internet blocking policies (in NSW at least) is different: the Workplace Surveillance Act 2005 (NSW) ('the Act') provides, amongst other things, that unless computer surveillance and the blocking of emails / internet access is carried out in accordance with a policy, it will be unlawful.

Section 12 of the Act (dealing with computer surveillance) states as follows:

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