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

NSW Workplace Surveillance Act 2005 s35: s 35 Report to the Magistrate within 30 days after the authority expires

The employer or representative that held the authority gives the issuing Magistrate (or another Magistrate if that one is unavailable) a written report within 30 days after the authority expires. It briefly states the result and specifies: the employees under surveillance, where practicable; the surveillance period; the type of device used and the type of place where it was installed or used; whether every device has been taken out, with reasons for any left in place; the conditions of the authority; the surveillance records made; action taken or proposed in light of the information; any reason the employee under surveillance should not be told of it; and any earlier covert surveillance about the same suspected activity. The Magistrate may then order records delivered up or specified persons informed and given access, and must order that the person under surveillance be informed unless there is good reason not to. Maximum penalty 20 penalty units.

Maintained by Gerard Blokdyk

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

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