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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Surveillance Devices (Workplace Privacy) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. New Part 2A inserted in Surveillance Devices Act 1999 2
PART 2A--WORKPLACE PRIVACY 2
9A. Definitions 2
9B. Prohibition on certain uses of optical surveillance
devices or listening devices 3
9C. Prohibition on communication or publication of
activities or conversations permitted to be observed etc. 4
9D. Offences by unincorporated bodies or firms 5
ENDNOTES 6
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551444B.I1-8/8/2006 BILL LA INTRODUCTION 8/8/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Surveillance Devices Act 1999 so as to enhance its
operation in workplaces and for other purposes.
Surveillance Devices (Workplace
Privacy) Act 2006
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Surveillance Devices Act 1999 so as to enhance
its operation in workplaces.
2. Commencement
5
This Act comes into operation on 1 July 2007.
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Surveillance Devices (Workplace Privacy) Act 2006
s. 3
Act No.
3. New Part 2A inserted in Surveillance Devices
See:
Act 1999
Act No.
21/1999.
Reprint No. 1 After Part 2 of the Surveillance Devices Act 1999
as at
insert--
1 July 2006.
LawToday:
www.dms.
'PART 2A--WORKPLACE PRIVACY
5 dpc.vic.
gov.au
9A. Definitions
In this Part--
"employer" means a person, unincorporated
body or firm that--
(a) employs a person under a contract
10
of service or apprenticeship; or
(b) employs a person under the
Public Administration Act 2004
or any other Act; or
(c) engages a person under a contract
15
for services; or
(d) engages a person to perform any
work the remuneration for which
is based wholly or partly on
commission; or
20
(e) engages a person to perform work
on an unpaid or voluntary basis;
"firm" has the same meaning as in the
Partnership Act 1958 but does not
include an incorporated limited
25
partnership within the meaning of
Part 5 of that Act;
"washroom" includes a room fitted with
bathing or showering facilities;
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Surveillance Devices (Workplace Privacy) Act 2006
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Act No.
"worker" means a person employed or
engaged by an employer, in a manner
set out in the definition of "employer",
but does not include a person who is
employed or engaged by another person
5
to perform services in connection with
that person's family or domestic affairs;
"workplace" means any place where
workers perform work.
9B. Prohibition on certain uses of optical
10
surveillance devices or listening devices
(1) Subject to sub-section (2), an employer must
not knowingly install, use or maintain an
optical surveillance device or a listening
device to observe, listen to, record or
15
monitor the activities or conversations of a
worker in a toilet, washroom, change room
or lactation room in the workplace.
Penalty: In the case of a natural person,
level 7 imprisonment (2 years
20
maximum) or a level 7 fine
(240 penalty units maximum) or
both;
In any other case, 1200 penalty
units.
25
(2) Sub-section (1) does not apply to the
installation, use or maintenance of an optical
surveillance device or a listening device--
(a) in accordance with a warrant,
emergency authorisation,
30
corresponding warrant or
corresponding emergency
authorisation; or
(b) in accordance with a law of the
Commonwealth; or
35
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Act No.
(c) if required by a condition on a licence
granted under the Liquor Control
Reform Act 1998.
9C. Prohibition on communication or
publication of activities or conversations
5
permitted to be observed etc.
(1) Subject to sub-section (2), a person must not
knowingly communicate or publish a record
or report of an activity or conversation
observed, listened to, recorded or monitored
10
by the use of an optical surveillance device
or a listening device in the circumstances
referred to in paragraph (a), (b) or (c) of
section 9B(2).
Penalty: In the case of a natural person,
15
level 7 imprisonment (2 years
maximum) or a level 7 fine
(240 penalty units maximum) or
both;
In any other case, 1200 penalty
20
units.
(2) Sub-section (1) does not apply--
(a) if the activity or conversation was
observed, listened to, recorded or
monitored in the circumstances referred
25
to in section 9B(2)(a), to a
communication or publication of
protected information; or
(b) if the activity or conversation was
observed, listened to, recorded or
30
monitored in the circumstances referred
to in section 9B(2)(b), to a
communication or publication
authorised by a law of the
Commonwealth relating to the security
35
of the Commonwealth; or
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(c) if the activity or conversation was
observed, listened to, recorded or
monitored in the circumstances referred
to in section 9B(2)(c), to a
communication or publication
5
authorised by or under the Liquor
Control Reform Act 1998 or the
licence granted under that Act.
9D. Offences by unincorporated bodies or
firms
10
If this Part provides that an employer that is
an unincorporated body or a firm is guilty of
an offence, that reference to the employer
must--
(a) in the case of an unincorporated body,
15
be read as a reference to each member
of the committee of management of the
body; and
(b) in the case of a firm, be read as a
reference to each member of the
20
partnership.'.
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Surveillance Devices (Workplace Privacy) Act 2006
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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