Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 9B

Prohibition on certain uses of optical surveillance devices or listening devices

9B. Prohibition on certain uses of optical surveillance devices or listening
devices



(1) Subject to subsection (2), an employer must not knowingly install, use or
maintain an optical surveillance device or a listening device to observe,
listen to, record or 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
maximum) or a level 7 fine (240 penalty units maximum) or both; In any other
case, 1200 penalty units.

(2) Subsection (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, corresponding
        warrant or corresponding emergency authorisation; or

   (b)  in accordance with a law of the Commonwealth; or

   (c)  if required by a condition on a licence granted under the
        Liquor Control Reform Act 1998.