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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

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