New South Wales Consolidated Acts

WORKPLACE SURVEILLANCE ACT 2005 - SECT 37

37 Covert surveillance records may be used or disclosed for relevant purpose only

(1) A person must not make use of or disclose to another person surveillance information or a surveillance record knowing or having reasonable cause to suspect that the information has been obtained or the record made as a result, direct or indirect, of covert surveillance of an employee while at work for an employer carried out or caused to be carried out by the employer unless that use or disclosure is for a relevant purpose as provided by this section.

Maximum penalty: 20 penalty units.

(2) If the covert surveillance of an employee was authorised by a covert surveillance authority issued to an employer, only the following use or disclosure of the surveillance information or record is for a relevant purpose:

(a) use or disclosure that is authorised or required by the conditions of the covert surveillance authority or an order of a Magistrate under section 35,

(b) use or disclosure for a purpose that is directly or indirectly related to establishing whether or not an employee is involved in unlawful activity while at work for the employer in accordance with the authority conferred by the covert surveillance authority,

(c) use or disclosure for a purpose that is directly or indirectly related to taking disciplinary action or legal proceedings against an employee as a consequence of any alleged unlawful activity while at work for the employer,

(d) use or disclosure for a purpose that is directly or indirectly related to establishing security arrangements or taking other measures to prevent or minimise the opportunity for unlawful activity while at work for the employer of a kind identified by the surveillance record to occur while at work for the employer,

(e) use or disclosure that is reasonably believed to be necessary to avert an imminent threat of serious violence to persons or of substantial damage to property,

(f) disclosure to a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence,

(g) use by a member or officer of a law enforcement agency for any purpose in connection with the detection, investigation or prosecution of an offence,

(h) use or disclosure for a purpose that is directly or indirectly related to the taking of proceedings for an offence,

(i) use or disclosure for a purpose that is directly or indirectly related to taking any other action authorised or required by or under this Act.

(3) If the covert surveillance of an employee was not authorised by a covert surveillance authority, the following use or disclosure of the information or record is for a relevant purpose:

(a) disclosure to a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence,

(b) use or disclosure for a purpose that is directly or indirectly related to the taking of proceedings for an offence,

(c) use by a member or officer of a law enforcement agency for any purpose in connection with the detection, investigation or prosecution of an offence.

(4) Without limiting subsection (3), if the covert surveillance of an employee was not authorised by a covert surveillance authority, the following use or disclosure of the information or record is for a relevant purpose:

(a) disclosure to a member or officer of a law enforcement agency for use in connection with disciplinary or managerial action or legal proceedings against an employee of a law enforcement agency as a consequence of any alleged misconduct (other than an unlawful activity) or unsatisfactory performance of the employee,

(b) use or disclosure for a purpose that is directly or indirectly related to the taking of such disciplinary or managerial action or legal proceedings,

(c) disclosure to a member or officer of a law enforcement agency for use in connection with the training of law enforcement members or officers.