Employee Monitoring Law Planner
Sources

ACT Workplace Privacy Act 2011

Law. Placed at the Australian Capital Territory. Read 30 Sep 2026; 9 provisions cited by the planner.

ACT WPA s 14Good faith consultation with workers on proposed surveillance

Where s 13 notice is required, the employer consults the worker in good faith about how the surveillance will be run, for no less than the s 13(3) notice period. Good faith means the worker has a real chance to shape how the surveillance is carried out.

What a reviewer asks to see: Consultation record: dates, the workers or representatives consulted, matters raised about the conduct of surveillance; Record of the employer's response to each matter raised and any changes made to the surveillance design; Timeline showing consultation ran for at least the notice period before surveillance began
Where monitoring plans usually fall short: Notice treated as consultation, with no channel for workers to influence the design; Consultation opened after the system was already configured and purchased; No record of what workers raised or how it was considered
Source: ACT Workplace Privacy Act 2011, read 30 Sep 2026
ACT WPA s 13Written notice of surveillance, 14 days ahead, with the required content

Workplace surveillance of a worker is lawful only after the employer has given that worker written notice under s 13, and only as the notice describes. Timing: no later than 14 days before the start date; or within a shorter period the worker accepts; or, where a new worker joins while surveillance is already running or due to begin inside 14 days, before their first day. Content: the type of surveillance device; the method; the people usually or routinely watched; the start date; continuous or intermittent operation; a fixed period or open-ended; what the employer may use and disclose the records for; and the worker's right under s 14 to consult the employer about how it is run. An employer policy can serve as the notice. Optical surveillance at a site the worker does not usually work at needs no notice. Failure to comply is an offence (s 18(1), 20 penalty units).

What a reviewer asks to see: Written surveillance notice or policy covering all eight required items, including the use and disclosure purposes and the right to consult; Distribution record showing each worker received it at least 14 days before surveillance started, or a written agreement to a shorter period; Onboarding record showing new workers, contractors and labour hire workers received the notice before starting; Comparison of surveillance actually operating against what the notice describes
Where monitoring plans usually fall short: Notice omits the purposes for use and disclosure of records or the right to consult; Contractors and labour hire workers not given the notice because they are not employees; Surveillance expanded beyond what the notice describes without a fresh notice
Source: ACT Workplace Privacy Act 2011, read 30 Sep 2026
ACT WPA s 15Optical surveillance: device clearly visible and signs at each entrance

An employer uses an optical surveillance device to conduct surveillance of a worker only if the device (camera housings and similar fittings that normally reveal one count as the device) can be plainly seen in the monitored workplace, and a plainly visible sign at every way into that workplace tells people they may be under surveillance there. Failure is an offence (s 18(2), 20 penalty units).

What a reviewer asks to see: Camera register with location and photograph showing each device is visible; Site plan marking signage at every entrance to each monitored workplace; Periodic inspection record confirming signs and device visibility
Where monitoring plans usually fall short: Signs missing at secondary or staff-only entrances; Discreet dome or pinhole cameras used for routine surveillance; Body-worn or vehicle cameras used with no visible indication
Source: ACT Workplace Privacy Act 2011, read 30 Sep 2026
ACT WPA s 17Tracking: visible notice on the tracked vehicle or thing

An employer conducts surveillance of a worker that tracks a vehicle or other thing with a tracking device only if a plainly visible notice on the vehicle or item says it is tracked. Where fixing a notice to the item is not reasonably practicable, the employer instead takes reasonable steps to tell workers the item is tracked. Failure is an offence (s 18(4), 20 penalty units).

What a reviewer asks to see: Fleet and asset register showing tracking notice status for each tracked item; Photograph or inspection record of each notice; For items where a notice is impracticable (for example small devices or badges), the alternative notification sent to workers
Where monitoring plans usually fall short: Telematics or RFID tracking with no notice on the item and no alternative notification; Biometric or RFID access systems not recognised as tracking devices under the Act; Replacement vehicles put into service without notices
Source: ACT Workplace Privacy Act 2011, read 30 Sep 2026
ACT WPA s 16Data surveillance: policy on computer resource use, logging, access and auditing, notified in advance

An employer uses a data surveillance device to conduct surveillance of a worker only in line with an employer policy on data surveillance of workers, notified to the worker before the surveillance so that the worker can reasonably be assumed to know and understand it. The policy states how the employer's computer resources (including internet access and electronic communication applications) may and must not be used, which usage information is recorded in logs and who can see those logs, and the way the employer checks and audits compliance with the policy. Failure is an offence (s 18(3), 20 penalty units).

What a reviewer asks to see: Data surveillance policy containing the three required statements: permitted and prohibited use, what is logged and who can access logs, how compliance is monitored and audited; Record that each worker received and understood the policy before monitoring began; Log access control list matching the people named in the policy
Where monitoring plans usually fall short: Acceptable use policy silent on what is logged or who can see the logs; Logs accessible to more people than the policy states; Monitoring introduced before the policy was issued
Source: ACT Workplace Privacy Act 2011, read 30 Sep 2026
ACT WPA s 35No covert surveillance of a worker without a covert surveillance authority

An employer runs no covert surveillance of workers at a workplace unless it is done under a covert surveillance authority from the Magistrates Court. Other exclusions: law enforcement officers acting under a law; optical surveillance in a correctional centre or place of lawful custody; optical surveillance of casino operations under the Casino Control Act 2006; optical surveillance of legal proceedings or proceedings before a law enforcement agency by a person exercising a statutory function. The employer bears an evidential burden on these. Offence: 50 penalty units.

What a reviewer asks to see: Register of covert surveillance authorities with scope and dates; Procedure requiring an authority before any surveillance is run without Part 3 notice; Audit confirming every surveillance system has a Part 3 notice or a current authority
Where monitoring plans usually fall short: Hidden cameras installed during an internal investigation without an authority; Monitoring tools deployed without notice and so covert by default
Source: ACT Workplace Privacy Act 2011, read 30 Sep 2026
ACT WPA s 41No surveillance in toilets, change rooms, showers, parent or nursing rooms, prayer rooms, sick bays or first-aid rooms

No employer surveils a worker in any prohibited non-work area of a workplace, namely a toilet facility; a change room; a shower or other bathing facility; a parent or nursing room; a prayer room; a sick bay; a first-aid room; or any other area prescribed by regulation. Offence: 50 penalty units.

What a reviewer asks to see: Site plans marking every prohibited non-work area with confirmation no device covers it; Camera commissioning sign-off checking fields of view against those areas; Tracking and biometric system configuration excluding these areas where location zones are logged
Where monitoring plans usually fall short: Prayer rooms, parent rooms or first-aid rooms overlooked because they are not bathrooms; Corridor cameras whose view reaches into a sick bay or change room; Location zones logged inside prohibited areas
Source: ACT Workplace Privacy Act 2011, read 30 Sep 2026
ACT WPA s 42No surveillance of a worker who is not in a workplace, with limited exceptions

No employer surveils a worker who is outside any workplace. Exceptions (the employer carries an evidential burden): data surveillance of how the worker uses equipment or resources the employer supplied or paid for; tracking through a device whose tracking cannot be switched off; and an employer that is a law enforcement agency. Offence: 50 penalty units.

What a reviewer asks to see: Configuration showing tracking can be and is switched off outside work where the device allows it; Register of devices whose tracking cannot be deactivated, with the s 43 handling rule applied; Policy prohibiting camera or location monitoring of workers outside the workplace except data surveillance of employer-funded equipment
Where monitoring plans usually fall short: Vehicle tracking left on during private use when it could be switched off; Location data from off-duty periods reviewed by managers; Remote monitoring of home webcams outside working time
Source: ACT Workplace Privacy Act 2011, read 30 Sep 2026
ACT WPA s 44(2)Destroy or permanently de-identify surveillance records no longer needed

Once a surveillance record has no remaining use or disclosure purpose that the Act permits, the employer takes reasonable steps to destroy it or permanently de-identify it. Offence: 20 penalty units.

What a reviewer asks to see: Retention schedule for each surveillance system tied to the permitted purposes; Automated overwrite or deletion settings on recorders and monitoring platforms; Destruction or de-identification log for records held beyond routine cycles
Where monitoring plans usually fall short: CCTV and monitoring data kept indefinitely by default; Export copies not captured by the retention process
Source: ACT Workplace Privacy Act 2011, read 30 Sep 2026

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