Surveillance Devices Act 2007 (NSW) - Level 4

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An Act to regulate the installation, use, maintenance and retrieval of surveillance devices. Under the Act, a warrant or emergency authorisation is required where a surveillance device is to be used to record private conversations where a person might reasonably expect the spoken words to remain private. Surveillance Device includes a listening device, optical surveillance device, tracking device, data surveillance device etc - It is an offence under the Act to utilise a surveillance device to record private conversation(s) without an approved warrant or authorisation. The Act deals with procedural matters regarding the form and content of an application for a warrant, retrieval warrant, emergency authorisation and corresponding authorisation for the use of a surveillance device and defines who is authorised under the Act to approve and grant such a warrant or authorisation. Further, the Act prescribes the process for determining the application for the warrant or authorisation and the form and content of the issued warrant or authorisation.
Information obtained from the use of an approved surveillance device is deemed 'protected information' - communication and publication of 'protected information' is prohibited under the Act.

Relevant Compliance Frameworks

Legislation, Standards and Codes may be linked to one or more of the University's compliance frameworks either as the driver of the requirements, or as a component of the framework.

The relevant frameworks are listed below.

  • None