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Watching Employees within the workplace |
The Workplace Surveillance Act 2005 (NSW) ("the Act") come into force on Friday 7 October 2005. |
The new Act restricts employers from undertaking any form of surveillance of its employees at work. It specifically prohibits an employer from undertaking camera surveillance, computer surveillance and tracking, unless:
- at least 14 days written notice of the surveillance is given to the employee, and
- the surveillance is carried out in strict compliance with a surveillance policy of the employer which has been previously disclosed to the employee.
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| If an employer wishes to undertake surveillance of an employee without notice (covert surveillance), they can only do so with the prior approval of a Magistrate, and it must be for the purpose of establishing whether or not an employee is involved in any unlawful activity. |
Fines of up to $5,500 can be imposed on employers found to be in breach of the Act, per breach. A Director of a corporation that is in breach of the Act, or a person who is concerned in the management of the corporation will be deemed to be in breach of the Act if that person knowingly authorised or permitted the contravention. |
peter.mcnamara@cml.com.au
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