Easy summary: Workplace monitoring laws differ across Australia. Do not assume one national notice rule. Check the worker's location, the technology, the employment instrument and privacy coverage.
| Jurisdiction | Starting point | Status |
|---|---|---|
| New South Wales | Workplace Surveillance Act 2005 | State legislation with notice and other requirements for covered surveillance. |
| Australian Capital Territory | Workplace Privacy Act 2011 | Territory legislation for covered workplace surveillance. |
| Victoria | Surveillance Devices Act 1999 and workplace-specific restrictions | State legislation; technology and circumstances matter. |
| Other jurisdictions | Surveillance-devices, listening-devices, privacy, employment and other laws | Rules differ; there is no single national workplace-surveillance code. |
Governance checklist
- Document purpose, necessity and proportionality.
- Check jurisdiction and obtain legal advice for intrusive or covert monitoring.
- Consult where a law, award, agreement, policy or safety duty requires it.
- Give clear notice where required and avoid collecting more than needed.
- Test accuracy, bias, accessibility and the risk of chilling lawful worker activity.
- Provide a real route to correct data and challenge consequential use.
Sources and currency
Jurisdiction: Australia. Currency: Sources checked 27 October 2026. Legislation is binding where it applies; regulator and government material is guidance unless stated otherwise. Standards and recommended governance practices are not legislation. Check the instrument, jurisdiction and facts that apply to you.