Compliance Framework
Compliance Driver
Workplace Surveillance Act 2005 (NSW)
Classification
Level 2
University-wide requirement. Lower impacts.
Associated Legislation
None
Associated Standards
None
Associated Codes
None
Associated Information
None
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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/
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General Introduction
VC Compliance Delegate
Kate McNarn, Director Governance and University Secretary
Compliance Coordinator
Katrina Warden, Director Legal Services
Business Units Impacted
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
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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
Steven Ward, Director Estate and Built Environment
Coordinating Officer
Steven Ward, Director Estate and Built Environment
Coordinating Unit
Estate and Built Environment
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Closed Circuit Television (CCTV) Rule
Policy
None
Procedure
None
Guideline
None
Other Websites
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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, Director Legal Services
Coordinating Officer
Katrina Warden, Director Legal Services
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview