There is no single law governing employee surveillance in Australia. Legislation varies by state and device type. In general, employers are allowed to monitor company-supplied computers and devices if policies are followed. Covert listening or recording of private conversations without consent is prohibited under most state laws. Notice must usually be provided before video or electronic monitoring of employees. Penalties for violating these laws include fines and imprisonment.

1. SURVEILLANCE IN THE WORKPLACE:
WHAT YOU SHOULD KNOW
A guide to legislation relating to employee electronic surveillance and monitoring

2. Surveillance and monitoring devices
• When most people think of
surveillance, they think of
video or still cameras, or
phone tapping.
• However, technological
advances have seen the
introduction of a broad
range of surveillance
options available to
employers today,
including:

3. Surveillance and monitoring devices
• Global positioning
systems (GPS devices):
Used primarily in the
transport industry to
determine location of
deliveries and ensure
compliance with
government traffic
regulations.

4. Surveillance and monitoring devices
• Listening devices:
• Radio transmitters that
interact with radio
receivers to feed audio
surveillance from one
location to one or
multiple locations.

5. Surveillance and monitoring devices
• Telephones: Commonly
used in call centres to
monitor new employees
for training and
induction purposes.

6. Surveillance and monitoring devices
• Computers: Can
• be used to monitor
employees’ access to
inappropriate emails
or websites.

7. Surveillance and monitoring devices
• Biometrics: Technology
that recognises people
based on fingerprints, iris
pattern, DNA,
handwriting, etc. –
commonly used in
monitoring time and
attendance of employees,
as well as for security
purposes.

8. Surveillance and monitoring legislation
• There is no across-the-
board legislation that
applies across Australia.
• Applicable legislation is:
o device-specific
o state or territory-based
o applies more broadly than the
workplace

9. Device-specific, non-work-specific legislation
• Listening Devices Act 1972
[SA], Surveillance Devices
Act 2007 [WA], Surveillance
Devices Act 2007 [NT],
Invasion of Privacy Act 1971
[QLD] and Listening Devices
Act 1991 [Tas] – All
generally prohibit the use
of listening devices to
listen to or record private
conversations to which the
user is not a party without
the consent of all parties

10. Workplace-specific legislation – NSW/ACT
• NSW (Workplace Surveillance
Act 2005) and the ACT
(Workplace Privacy Act 2011)
regulate overt and covert
camera, computer and
tracking surveillance.
• Both Acts require employers
to provide employees 14
days’ notice (unless
otherwise agreed) of an
intention to conduct
surveillance.

11. Notice of surveillance – NSW/ACT
• The notice must detail:
o Kind of surveillance to be
conducted
o How it will be conducted
o When it will be conducted
o Whether it will be continuous
or intermittent
o Whether it will be ongoing or
conducted for a specific time
• Under both Acts, covert
surveillance can be
undertaken subject to an
order by a magistrate
where unlawful conduct is
reasonably suspected.

12. Victoria – not just workplaces
• The Workplace
Surveillance Devices Act
[Vic] applies more
broadly than
workplaces.
• It applies to listening,
tracking and optical
surveillance devices.
• Employee consent is
required to conduct
optical and tracking
surveillance.

13. Computer surveillance
• Employers have the right to
monitor company-supplied
computers, mobile phones,
etc. if done in accordance with
relevant policy/ procedures.
• Email and Internet comms
privacy is only protected in
NSW and ACT.
• Both Acts restrict employers
from blocking employees’
emails and Internet access
at work – particularly if it
relates to industrial matters.

14. Interception and listening devices
• The Telecommunications
(Interception and Access) Act
1979 [Cth] prohibits listening
to or recording
communications passing over a
telecomms system without the
consent or knowledge of the
parties.
• Listening and surveillance devices
legislation in each state generally
prohibits the use of listening
devices to listen or record
private conversations to which
the user is not a party without
the consent of all parties.

15. Penalties
• Contravening
surveillance or privacy
laws can result in serious
penalties.
• E.g., contravention of the
Victorian listening devices
legislation can result in up
to two years’ in prison
or substantial fines.

16. In summary…
• There is no national
legislation covering
electronic surveillance or
monitoring of employees
• Legislation is usually
device-specific.
• Employers can generally
monitor company-
supplied devices.
• Using listening devices
without consent is
generally prohibited.