(1) An employer or
employer's representative may apply to a Magistrate for the issue to the
employer of an authority authorising covert surveillance generally of
employees while at work for the employer for the purpose of establishing
whether one or more particular employees are involved in any unlawful activity
while at work for the employer.
(2) The application for the authority must
include the following:
(a) a statement of the grounds the employer or
employer's representative has for suspecting that a particular employee is or
employees are involved in unlawful activity, together with the names of those
employees (unless it is not practicable to name them),
(b) a statement as to
whether other managerial or investigative procedures have been undertaken to
detect the unlawful activity and what has been their outcome,
(c) the names
of the employees or (if it is not practicable to name them) a description of
the group or class of employees who will regularly or ordinarily be the
subject of the covert surveillance,
(d) a description of the premises, place,
computer, vehicle or other thing that will regularly or ordinarily be the
subject of the covert surveillance,
(e) a statement as to the kind of covert
surveillance (camera, computer or tracking) that is proposed to be conducted,
(f) the dates and times during which the covert surveillance is proposed to be
conducted,
(g) a statement as to whether any previous application for a
covert surveillance authority has been made in respect of the proposed covert
surveillance and a statement as to the results of the application and of any
covert surveillance conducted under a covert surveillance authority issued as
a result of the previous application,
(h) in the case of an application made
by an employer's representative, verification acceptable to the Magistrate of
the employer's authority for the person to act as an employer's representative
for the purposes of the covert surveillance operation.
(3) The regulations
may require an application for an authority to include other specified
information and may require the application to be in a form prescribed by the
regulations.
(4) An application for an authority must also nominate one or
more persons to oversee the conduct of covert surveillance to be authorised by
the authority.
(5) A Magistrate must not issue an authority unless the
information given by the applicant in or in connection with the application is
verified before the Magistrate on oath or affirmation or by affidavit.
(6) A
Magistrate may administer an oath or affirmation or take an affidavit for the
purposes of an application for an authority.
(7) The applicant must provide
(either orally or in writing) such further information as the Magistrate
requires concerning the grounds on which the authority is being sought.
