New South Wales Consolidated Acts

WORKPLACE SURVEILLANCE ACT 2005 - SECT 25

25 Grounds for issue of covert surveillance authority

(1) A Magistrate must not issue a covert surveillance authority unless the Magistrate is satisfied that the application for the authority shows that reasonable grounds exist to justify its issue.

(2) When determining whether there are reasonable grounds to issue a covert surveillance authority, a Magistrate must have regard to the seriousness of the unlawful activity with which the application is concerned.

(3) When determining whether there are reasonable grounds to issue a covert surveillance authority authorising covert surveillance of a recreation room, meal room or any other area at a workplace where employees are not directly engaged in work, a Magistrate must have regard to the affected employees’ heightened expectation of privacy when in such an area.