Victorian Workplace Surveillance Laws

By Philippa Hore and Lucinenne Mummé

Victorian employers will now generally commit a criminal offence if they conduct surveillance of employees in private areas of the workplace such as toilets and change rooms.

This legislation (Surveillance Devices (Workplace Privacy) Act 2006 (Vic) came into effect on 1st July 2007. The legislation implemented the key recommendation of the Victorian Law Reform Commission report on workplace privacy.

This article sets out who the legislation applies to (a definition of "employer" and "worker"). The authors also explain what is prohibited surveillance, the exceptions and what is unauthorised communication of legally obtained surveillance material.

(Employment Law Bulletin Vol. 13, no. 5: from LexisNexis Butterworths)