Workplace Surveillance Act 2005
Currency
As amended to Law Enforcement Conduct Commission Act 2016. 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 |