WORKPLACE VIDEO SURVEILLANCE ACT 1998 - SECT 8 Offence of using recording obtained by video surveillance for irrelevant purpose

This legislation has been repealed.

WORKPLACE VIDEO SURVEILLANCE ACT 1998 - SECT 8

8 Offence of using recording obtained by video surveillance for irrelevant purpose

(1) A person is guilty of an offence if the person uses a recording of the activities of an employee or any other person obtained as a consequence of covert video surveillance of the employee in the workplace authorised by a covert surveillance authority for an irrelevant purpose.

Maximum penalty: 20 penalty units.

(2) Nothing in this section makes it an offence for a member or officer of a law enforcement agency to use a recording referred to in subsection (1) for any purpose relating to the detection or investigation of an unlawful activity of a person other than an employee in the workplace.

(3) In this section:

"irrelevant purpose" means a purpose that is not directly or indirectly related:

(a) to establishing whether or not an employee is involved in unlawful activity in the workplace in accordance with the authority conferred by a covert surveillance authority, or

(b) to taking disciplinary action or legal proceedings against an employee as a consequence of any alleged unlawful activity in the workplace so established, or

(c) to establishing security arrangements or taking other measures to prevent or minimise the opportunity for unlawful activity of a kind identified by the recording to occur in the workplace, or

(d) to taking any other action authorised or required by or under this Act.