Workplace Surveillance Act 2005 No 47

Currency

As amended to Law Enforcement Conduct Commission Act 2016 (No 61). Commenced 1 July 2017. Current to 24 August 2018.

Jurisdiction

Section 45(1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.

Appeals

Section 41: An applicant for a covert surveillance authority who is aggrieved by a decision of a magistrate to refuse to issue or to vary or cancel a covert surveillance authority may make an application to an “eligible” Supreme Court Judge to issue, vary or cancel the authority.

Authority to prosecute

Section 46: Proceedings for an offence against this Act or the regulations may be instituted only:

(a) 

with the written consent of the Minister, or

(b) 

with the written consent of an officer prescribed by the regulations, or

(c) 

by the secretary of an industrial organisation of employees any member or members of which are concerned in the matter to which the proceedings relate, or

(d) 

by a person who was the subject of the surveillance with which the alleged offence is concerned.

SECTION DESCRIPTION PENALTY (MAX)
15 Employer carry out surveillance in change room/toilet/shower 50 pu
16(1) Employer carry out surveillance when employee not at work 50 pu
17(1) Employer prevent delivery of email/access to internet except in accord with policy 50 pu
18 Employer fail to ensure that surveillance record only used or disclosed for lawful purpose 20 pu
19 Employer carry out covert surveillance without covert surveillance authority 50 pu
30 Person contravene condition of covert surveillance authority 50 pu
35(1) Employer to report on use of covert surveillance authority within 30 days 20 pu
36(1), (2) Surveillance supervisor/employer fail to ensure covert surveillance authority record protected against loss or unauthorised use 20 pu
37(1) Person use/disclose covert surveillance record without reason as provided 20 pu