Compliance Overview

Compliance Framework
Compliance Driver Workplace Surveillance Act 2005 (NSW)
Classification Level 2
University-wide requirement. Lower impacts.
Associated Legislation None
Associated Standards
Associated Codes None
Associated Information None
Return to Top Administrative Information
Administrative Body NSW Department of Justice
Administrative Name
Administrative Address Mailing Address
Locked Bag 5111
Parramatta NSW
Australia, 2124
Administrative Phone 02 8688 7777
Administrative Email  
Administrative Website http://www.justice.nsw.gov.au/
Return to Top General Introduction
VC Compliance Delegate Brendan Peet, Chief Legal and Governance Officer
Compliance Coordinator Katrina Warden, Senior Legal Officer
Business Units Impacted
  • Academic Quality Directorate
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Audit and Risk Directorate
  • Australian Business Research Institute
  • Business Intelligence and Data Governance
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications Unit
  • Corporate Planning and Analytics
  • English Language Centre
  • Facilities Management Service Directorate
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Financial Performance and Analytical Services
  • Heritage Centre
  • Heritage Futures Research Centre
  • Human Resource Services Directorate
  • Information Technology Directorate
  • Institute for Rural Futures
  • Learning and Teaching Transformation
  • Legal Office
  • Office of the Chief Financial Officer
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Pro Vice-Chancellor (Academic Innovation)
  • Office of the Pro Vice-Chancellor (External Relations)
  • Office of the Provost and Deputy Vice-Chancellor
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Records Management Office
  • Records, Policy and Governance Unit
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Grievance Unit
  • Student Success
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation charitable trust
  • UNE Foundation Limited
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • UNE Sydney
  • University Library
  • University Secretariat
  • Yarm Gwanga
Overview This Act regulates the surveillance of employees at work, and defines surveillance of an employee to mean "surveillance of an employee by any of the following means:

(a) "camera surveillance", which is surveillance by means of a camera that monitors or records visual images of activities on premises or in any other place,
(b) "computer surveillance", which is surveillance by means of software or other equipment that monitors or records the information input or output, or other use, of a computer (including, but not limited to, the sending and receipt of emails and the accessing of Internet websites),
(c) "tracking surveillance", which is surveillance by means of an electronic device the primary purpose of which is to monitor or record geographical location or movement (such as a Global Positioning System tracking device)."

The Act prohibits covert surveillance of employees in the workplace without appropriate notice.

Compliance Obligations

Return to Top Camera Surveillance
Description Under s11 camera surveillance of an employee must not be carried out unless:

(a) cameras used for the surveillance (or camera casings or other equipment that would generally indicate the presence of a camera) are clearly visible in the place where the surveillance is taking place, and
(b) signs notifying people that they may be under surveillance in that place are clearly visible at each entrance to that place.
Impacts Under s43 of the Act:
(1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.
Responsible Manager Peter Eaton, Director Facilities Management Services
Coordinating Officer Peter Eaton, Director Facilities Management Services
Coordinating Unit Facilities Management Service Directorate
Oversight Committee/Group None
Business Units Impacted
  • Academic Quality Directorate
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Audit and Risk Directorate
  • Australian Business Research Institute
  • Business Intelligence and Data Governance
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications Unit
  • Corporate Planning and Analytics
  • English Language Centre
  • Facilities Management Service Directorate
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Financial Performance and Analytical Services
  • Heritage Centre
  • Heritage Futures Research Centre
  • Human Resource Services Directorate
  • Information Technology Directorate
  • Institute for Rural Futures
  • Learning and Teaching Transformation
  • Legal Office
  • Office of the Chief Financial Officer
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Pro Vice-Chancellor (Academic Innovation)
  • Office of the Pro Vice-Chancellor (External Relations)
  • Office of the Provost and Deputy Vice-Chancellor
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Records Management Office
  • Records, Policy and Governance Unit
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Grievance Unit
  • Student Success
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation charitable trust
  • UNE Foundation Limited
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • UNE Sydney
  • University Library
  • University Secretariat
  • Yarm Gwanga
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule Closed Circuit Television (CCTV) Rule
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top General Notice Requirements
Description Written (or emailed) notice must be given at least 14 days prior to any surveillance commencing, indicating 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. For new employees notification must be given before they start work.
Impacts Under s43 of the Act:
(1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.
Responsible Manager Katrina Warden, Senior Legal Officer
Coordinating Officer Katrina Warden, Senior Legal Officer
Coordinating Unit Legal Office
Oversight Committee/Group None
Business Units Impacted
  • Academic Quality Directorate
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Audit and Risk Directorate
  • Australian Business Research Institute
  • Business Intelligence and Data Governance
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications Unit
  • Corporate Planning and Analytics
  • English Language Centre
  • Facilities Management Service Directorate
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Financial Performance and Analytical Services
  • Heritage Centre
  • Heritage Futures Research Centre
  • Human Resource Services Directorate
  • Information Technology Directorate
  • Institute for Rural Futures
  • Learning and Teaching Transformation
  • Legal Office
  • Office of the Chief Financial Officer
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Pro Vice-Chancellor (Academic Innovation)
  • Office of the Pro Vice-Chancellor (External Relations)
  • Office of the Provost and Deputy Vice-Chancellor
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Records Management Office
  • Records, Policy and Governance Unit
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Grievance Unit
  • Student Success
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation charitable trust
  • UNE Foundation Limited
  • UNE International
  • UNE Life
  • UNE Marketing
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • UNE Sydney
  • University Library
  • University Secretariat
  • Yarm Gwanga
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites