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Australian Workplace Surveillance Act

By Anne-Marie Allgrove and Tim Dixon
July 13, 2006

Following the passage of the first Australian law specifically regulating e-mail surveillance in the workplace on Oct. 7, 2005, employers in the State of New South Wales have been required to notify all employees of any e-mail monitoring and develop a workplace computer surveillance policy. The Workplace Surveillance Act 2005 (the 'Act') repealed the Workplace Video Surveillance Act 1998 and built on existing regulations relating to the use of listening devices and video surveillance cameras.

The Act has wide coverage. It extends beyond the physical workplace to any area where an employee is performing work, including using a work laptop at home. It also covers most individuals in a workplace even if they are not directly employed by the employer, including voluntary workers and individuals working under labor hire contracts.

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