WORKPLACE SURVEILLANCE ACT 2005 - As at 5 December 2023 - Act 47 of 2005
- As at 5 December 2023
- Act 47 of 2005
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 4 Extended meaning of "employer" when corporations related
- 5 Meaning of "at work"
- 6 Act to bind Crown
- 7 Notes
- 8 Relationship with WHS Act
PART 2 - NOTIFICATION OF WORKPLACE SURVEILLANCE OF EMPLOYEES
Note
- 9 Application of Part
- 10 Notice of surveillance required
- 11 Additional requirements for camera surveillance
- 12 Additional requirements for computer surveillance
- 13 Additional requirements for tracking surveillance
- 14 Exemption for certain surveillance by agreement
PART 3 - PROHIBITED SURVEILLANCE
- 15 Surveillance of change rooms and bathrooms prohibited
- 16 Prohibition on surveillance using work surveillance device while employee not at work
- 17 Restrictions on blocking emails or Internet access
- 18 Restrictions on use and disclosure of surveillance records--notified surveillance
PART 4 - COVERT SURVEILLANCE OF EMPLOYEES AT WORK
Division 1 - Restrictions on covert surveillance
- 19 Covert surveillance prohibited without covert surveillance authority
- 20 What covert surveillance authority authorises
- 21 Exceptions--law enforcement, correctional centres, courts, casino
- 22 Defence--surveillance for security of the workplace
Division 2 - Covert surveillance authorities
- 23 Application for covert surveillance authority
- 24 Dealing with application
- 25 Grounds for issue of covert surveillance authority
- 26 Privacy must be considered
- 27 Surveillance supervisor
- 28 Form of covert surveillance authority
- 29 Duration and conditions of covert surveillance authority
- 30 Contravention of condition of authority
- 31 Variation or cancellation of authority
- 32 Further application for authority after refusal
- 33 Records relating to covert surveillance authority
- 34 Defects in authority
- 35 Report on use of authority
Division 3 - Covert surveillance records
- 36 Storage of surveillance records of covert surveillance
- 37 Covert surveillance records may be used or disclosed for relevant purpose only
- 38 Information obtained inadvertently pursuant to authority
PART 5 - MISCELLANEOUS
- 39 Commonwealth laws
- 40 Functions under Act of Magistrates
- 41 Application to eligible Supreme Court Judge
- 42 Annual report
- 43 Offences by corporations
- 44 Regulations
- 45 Summary procedure for offences
- 46 Authority to prosecute
- 47 Savings and transitional provisions
- 48 Repeals
- 49 Review of Act