Summary

Workplace Surveillance Act 2005 (NSW) - Level 2

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An Act regulating the surveillance of employees at work. The Act stipulates that surveillance must not take place without prior written notice to the employee - (min 14 days notice); Such a notice must describe:- the kind of surveillance to be carried out (camera, computer or tracking); how the surveillance will be carried out; when the surveillance will start; whether the surveillance will be continuous or intermittent, and, whether the surveillance will be for a specified limited period or ongoing. The Act establishes additional requirements for camera and computer surveillance. Under the Act, covert surveillance of an employee by an employer is prohibited unless authorised by a covert surveillance authority (this can only be issued by a Magistrate for the purpose of establishing conduct of unlawful activity by an employee whilst at work - not for performance monitoring etc)

Relevant Compliance Frameworks

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