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WORKPLACE VIDEO SURVEILLANCE ACT 1998 - SECT 10 Application for covert surveillance authority

This legislation has been repealed.

WORKPLACE VIDEO SURVEILLANCE ACT 1998 - SECT 10

Application for covert surveillance authority

10 Application for covert surveillance authority

(1) An employer or employer's representative may apply to a Magistrate for the issue of an authority authorising covert video surveillance generally of any of the employer's employees for the purpose of establishing whether one or more particular employees are involved in any unlawful activity in the workplace.
(2) The application for the authority must include the following information:
(a) the grounds the employer or employer's representative has for suspecting that a particular employee is or employees are involved in unlawful activity,
(b) whether other managerial or investigative procedures have been undertaken to detect the unlawful activity and what had been the outcome,
(c) who and what will regularly or ordinarily be in view of the cameras,
(d) the dates and times during which the covert video surveillance is proposed to be conducted,
(e) 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 video surveillance operation.
(3) An application for an authority must also nominate each licensed security operator who will oversee the conduct of the covert video surveillance operation.
(4) 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.
(5) A Magistrate may administer an oath or affirmation or take an affidavit for the purposes of an application for an authority.
(6) 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.