NSW Workplace Surveillance Act 2005
Part 4: Covert surveillance of employees at work – NSW Workplace Surveillance Act 2005

NSW Workplace Surveillance Act 2005 s23: s 23 Applying to a Magistrate for a covert surveillance authority

An employer or its authorised representative seeking covert surveillance applies to a Magistrate. The application sets out: the grounds for suspecting particular employees of unlawful activity, with their names unless impracticable; whether other managerial or investigative steps were taken and their outcome; the employees usually to be watched, by name or by describing them as a group or class; the site, computer, vehicle or other object to be watched; whether camera, computer or tracking surveillance is intended; the proposed dates and times; any earlier application for the same surveillance and its result; and, for a representative, proof the Magistrate accepts that the employer has authorised that person to act. It nominates one or more people to oversee the surveillance, includes anything the regulations require, and is verified on oath, affirmation or affidavit, with further information supplied when the Magistrate asks. A refused application may be renewed only with additional relevant information (s 32).

Maintained by Gerard Blokdyk

Other controls in Part 4: Covert surveillance of employees at work – NSW Workplace Surveillance Act 2005

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