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.

JurisdictionStarting pointStatus
New South WalesWorkplace Surveillance Act 2005State legislation with notice and other requirements for covered surveillance.
Australian Capital TerritoryWorkplace Privacy Act 2011Territory legislation for covered workplace surveillance.
VictoriaSurveillance Devices Act 1999 and workplace-specific restrictionsState legislation; technology and circumstances matter.
Other jurisdictionsSurveillance-devices, listening-devices, privacy, employment and other lawsRules 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.