When surveillance is NOT allowed

Workplace surveillance is NOT allowed in the following circumstances.

Surveillance of change rooms and bathrooms¹

An employer:

• must not carry out, or cause to be carried out,

• any surveillance of an employee of the employer

• in any:

  • change room,

  • toilet facility or

  • shower or other bathing facility

  at a workplace.

Surveillance of employees not at work²

The rule

An employer:

• must not carry out, or cause to be carried out,

• surveillance of an employee of the employer,

• using a work surveillance device (which is a device used for surveillance of the employee when at work for the employer),

• when the employee is not at work for the employer.

Exceptions to this rule

The exceptions to this rule exist when:

• The surveillance is computer surveillance of the use by the employee of equipment or resources provided by or at the expense of the employer.

• The employer is a law enforcement agency.

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Be aware – penalties apply!

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¹Section 15, WS Act

²Section 16, WS Act