New South Wales Consolidated Acts

WORKPLACE SURVEILLANCE ACT 2005 - SECT 10

10 Notice of surveillance required

(1) Surveillance of an employee must not commence without prior notice in writing to the employee.

Note: Subsection (6) provides for an exception to the notice requirement.

(2) The notice must be given at least 14 days before the surveillance commences. An employee may agree to a lesser period of notice.

(3) If surveillance of employees at work for an employer has already commenced when an employee is first employed, or is due to commence less than 14 days after an employee is first employed, the notice to that employee must be given before the employee starts work.

(4) The notice must indicate:

(a) the kind of surveillance to be carried out (camera, computer or tracking), and

(b) how the surveillance will be carried out, and

(c) when the surveillance will start, and

(d) whether the surveillance will be continuous or intermittent, and

(e) whether the surveillance will be for a specified limited period or ongoing.

(5) Notice by email constitutes notice in writing for the purposes of this section.

(6) Notice to an employee is not required under this section in the case of camera surveillance at a workplace of the employer that is not a usual workplace of the employee.