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NSW Workplace Surveillance Act 2005

Australia: New South Wales
vAct No 47 of 2005, current version effective 1 July 2024 (last amended by Industrial Relations Amendment Act 2023 No 41, Sch 2.37); as at 30 September 2026 no later amendment found
3 domains
17 controls

New South Wales law on how employers may watch employees through cameras, computer monitoring and tracking devices: 14 days' written notice, visible cameras and signs, a notified computer surveillance policy, tracking notices on vehicles, no surveillance in change rooms and bathrooms or outside work, rules on blocking email and websites and on using surveillance records, and covert surveillance only under a Magistrate's authority.

Verified

NSW Workplace Surveillance Act 2005 is a compliance framework from Australia: New South Wales with 3 domains and 17 controls that map to 3 other frameworks. The largest domains are Part 4: Covert surveillance of employees at work – NSW Workplace Surveillance Act 2005 (8 controls), Part 2: Notification of workplace surveillance – NSW Workplace Surveillance Act 2005 (5 controls), Part 3: Prohibited surveillance and limits – NSW Workplace Surveillance Act 2005 (4 controls). Every control below carries what it requires and what an assessor expects to see.

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Framework Domains (3)

Part 2: Notification of workplace surveillance – NSW Workplace Surveillance Act 2005

5 controls
Controls in the Part 2: Notification of workplace surveillance – NSW Workplace Surveillance Act 2005 domain of NSW Workplace Surveillance Act 2005 — 5 controls
CodeTitle
nsw-workplace-surveillance-act-2005::s10s 10 Written notice of surveillance at least 14 days before it starts
nsw-workplace-surveillance-act-2005::s11s 11 Camera surveillance: cameras visible and signs at each entrance
nsw-workplace-surveillance-act-2005::s12s 12 Computer surveillance: written policy notified in advance
nsw-workplace-surveillance-act-2005::s13s 13 Tracking surveillance: visible notice on the tracked vehicle or thing
nsw-workplace-surveillance-act-2005::s14s 14 Surveillance for a non-employee purpose under an agreement

Part 3: Prohibited surveillance and limits – NSW Workplace Surveillance Act 2005

4 controls
Controls in the Part 3: Prohibited surveillance and limits – NSW Workplace Surveillance Act 2005 domain of NSW Workplace Surveillance Act 2005 — 4 controls
CodeTitle
nsw-workplace-surveillance-act-2005::s15s 15 No surveillance in change rooms, toilets, showers or bathing facilities
nsw-workplace-surveillance-act-2005::s16s 16 No surveillance with a work device while the employee is not at work
nsw-workplace-surveillance-act-2005::s17s 17 Blocking email or internet access only under a notified policy, with prevented delivery notice
nsw-workplace-surveillance-act-2005::s18s 18 Use and disclosure of notified surveillance records

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

8 controls
Controls in the Part 4: Covert surveillance of employees at work – NSW Workplace Surveillance Act 2005 domain of NSW Workplace Surveillance Act 2005 — 8 controls
CodeTitle
nsw-workplace-surveillance-act-2005::s19s 19 No covert surveillance of employees at work without a covert surveillance authority
nsw-workplace-surveillance-act-2005::s20s 20 Limits of a covert surveillance authority: unlawful activity only, supervised, no performance monitoring
nsw-workplace-surveillance-act-2005::s22s 22 Security surveillance defence: sole security purpose, real risk and prior written notice
nsw-workplace-surveillance-act-2005::s23s 23 Applying to a Magistrate for a covert surveillance authority
nsw-workplace-surveillance-act-2005::s29-30ss 29 to 30 Duration and conditions of the authority, and compliance with them
nsw-workplace-surveillance-act-2005::s35s 35 Report to the Magistrate within 30 days after the authority expires
nsw-workplace-surveillance-act-2005::s36s 36 Secure storage of covert surveillance records
nsw-workplace-surveillance-act-2005::s37s 37 Covert surveillance information used or disclosed for a relevant purpose only

Maps to 3 other frameworks

17 total controls
Australian Privacy Principles (APPs)
7 source controls mapped|4 target controls covered
41%
ISO 27002:2022
7 source controls mapped|6 target controls covered
41%
GDPR
2 source controls mapped|3 target controls covered
12%

Coverage is not the same as your position

This page shows what NSW Workplace Surveillance Act 2005 overlaps with in general. Where your organisation actually stands, against the standard you are going for and the certifications you already hold, is a different question. Same graph and the same recorded refutations, scoped to you rather than to a pair.

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What is NSW Workplace Surveillance Act 2005 and who does it apply to?

NSW Workplace Surveillance Act 2005 is a compliance framework from Australia: New South Wales with 3 domains and 17 controls. New South Wales law on how employers may watch employees through cameras, computer monitoring and tracking devices: 14 days' written notice, visible cameras and signs, a notified computer surveillance policy, tracking notices on vehicles, no surveillance in change rooms and bathrooms or outside work, rules on blocking email and websites and on using surveillance records, and covert surveillance only under a Magistrate's authority. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.

What does NSW Workplace Surveillance Act 2005 actually require?

NSW Workplace Surveillance Act 2005 has 17 controls organised across 3 domains. The largest domains are Part 4: Covert surveillance of employees at work – NSW Workplace Surveillance Act 2005 (8 controls), Part 2: Notification of workplace surveillance – NSW Workplace Surveillance Act 2005 (5 controls), Part 3: Prohibited surveillance and limits – NSW Workplace Surveillance Act 2005 (4 controls). Each control defines specific requirements that organisations must implement to achieve compliance.

If I already comply with another framework, how much of NSW Workplace Surveillance Act 2005 do I already cover?

NSW Workplace Surveillance Act 2005 maps to 3 other compliance frameworks. The top mapping partners are Australian Privacy Principles (APPs) (41% coverage), ISO 27002:2022 (41% coverage), GDPR (12% coverage). Use our comparison tool to explore control-level mappings between frameworks.

How do I implement NSW Workplace Surveillance Act 2005?

Start your NSW Workplace Surveillance Act 2005 compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about NSW Workplace Surveillance Act 2005 requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 17 controls and track your progress.

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