WORKPLACE VIDEO SURVEILLANCE ACT 1998 - SECT 7 Offences relating to covert video surveillance

This legislation has been repealed.

WORKPLACE VIDEO SURVEILLANCE ACT 1998 - SECT 7

7 Offences relating to covert video surveillance

(1) An employer must not carry out, or cause to be carried out, covert video surveillance of an employee of the employer (or of a related corporation of the employer) in the workplace unless:

(a) it is carried out, or caused to be carried out, solely for the purpose of establishing whether or not the employee is involved in any unlawful activity in the workplace, and

(b) it is authorised by a covert surveillance authority.

Maximum penalty: 20 penalty units.

Note: Section 9 makes it clear that a covert surveillance authority does not authorise covert video surveillance for the purpose of monitoring an employee's work performance or to carry out surveillance of an employee in any toilet facility or shower or other bathing facility. An employer who carries out or causes to be carried out any such surveillance will be guilty of an offence.

(2) Nothing in this section makes it an offence:

(a) for a member or officer of a law enforcement agency to carry out, or cause to be carried out, video surveillance in the exercise of a function conferred or imposed on the member or officer by or under any other Act or law, or

(b) for a person to carry out, or cause to be carried out, video surveillance in a correctional centre or in any other place where a person is in lawful custody, or

(c) for a person to carry out, or cause to be carried out, video surveillance for the purpose of monitoring operations carried out in a casino in accordance with the Casino Control Act 1992 , or

(d) for a person to carry out, or cause to be carried out, video surveillance of any legal proceedings or proceedings before a law enforcement agency in the exercise of a function conferred or imposed on the person by or under any other Act or law.

(3) It is a defence to a prosecution for an offence against this section for an employer to prove that covert video surveillance of the workplace was carried out, or caused to be carried out:

(a) solely for the purpose of ensuring the security of the workplace or persons in it and that video surveillance of any employee was extrinsic to that purpose, and

(b) that there was a real and significant likelihood of the security of the workplace or persons in it being jeopardised if covert video surveillance was not carried out.

(4) Subsection (3) has effect only if the employer has notified employees at the workplace (or a body representing a substantial number of the employees) in writing of the intended video surveillance for the purpose referred to in that subsection before it is carried out.

(5) Evidence of any recording obtained by video surveillance of a workplace for the purpose referred to in subsection (3) that is unrelated to the security of the workplace or persons in the workplace is not to be admitted in evidence in any disciplinary or legal proceedings against an employee unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been obtained in the way in which the evidence was obtained.