First published on Monday, July 7, 2025
Last updated on Thursday, July 10, 2025
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What is the Workplace Surveillance Act 2005?
The Workplace Surveillance Act 2005 is legislation that applies to employers in New South Wales. It sets out when and how businesses can legally monitor their employees — including video surveillance, email and internet usage, and tracking technologies.
Understanding this Act is essential to ensure your business remains compliant and avoids breaching employee privacy.
What types of surveillance are covered?
The Act governs three main types of surveillance:
Camera surveillance – Use of CCTV or other visual recording in the workplace.
Computer surveillance – Monitoring employees’ use of computers, including email, files, and internet browsing.
Tracking surveillance – Use of location tracking devices such as GPS in company vehicles or devices.
What are your obligations as an employer?
To comply with the Act, employers must:
Give written notice – You must inform employees at least 14 days before surveillance begins. The notice must outline the type of surveillance, when it will occur, and how it will be carried out.
Have a written policy – Surveillance must be covered in a clear workplace policy that employees are aware of.
Display signage – If using camera surveillance, signs must be clearly visible in affected areas.
What is not allowed under the Act?
The legislation also outlines what employers cannot do:
Covert surveillance – Hidden surveillance is prohibited unless you have a court order.
Private spaces – You cannot monitor bathrooms, change rooms, or similar private areas.
Out-of-hours surveillance – Employers must not monitor staff outside of work hours unless using employer-owned devices and with employee knowledge.
What are the consequences of non-compliance?
Breaching the Act can result in:
Legal action by employees.
Investigations by regulatory bodies.
Fines or penalties imposed by the courts.
It can also damage employee trust, morale, and your business’s reputation.
Best practice for employers
To stay compliant and maintain a positive workplace culture:
Regularly update and communicate your surveillance policy.
Only implement surveillance that is necessary and proportionate.
Be transparent with your employees about what’s being monitored and why.
Need help?
If you’re unsure whether your surveillance practices are compliant, it’s a good idea to seek advice from a workplace relations expert or HR software provider. At BrightHR we provide expert employment relations advice from a team of qualified HR advisors. With BrightAdvice on your side you can ensure compliance with all necessary HR and employment regulations.
Book a free demo today to discover how BrightHR can support your business.