Free guide to NSW surveillance laws - which start tomorrow

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Free guide to NSW surveillance laws - which start tomorrow

A free guide for employers is now available covering the NSW Government’s new Workplace Surveillance legislation, which commences tomorrow.

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A free guide for employers is now available covering the NSW Government’s new Workplace Surveillance legislation, which commences tomorrow. 

ABL guide

Minna Knight, Senior Workplace Policy Advisor at Australian Business Limited (ABL) said up to 360,000 businesses in NSW run the risk of being caught out by the new laws, and could face fines of $5,500 if they do not provide warnings to their employees of surveillance. 

Given the lack of information available, ABL has posted the guide on its website to assist employers through the notification process and to comply with the legislation.  

The guide can be found at:  www.australianbusiness.com.au    

‘Everything from email to video surveillance to tracking devices on trucks is covered by this legislation,’ Knight said. 

‘Our concern is that employers who legitimately use these devices to reduce fraud, improve OH&S and to protect employees from harassment will be caught by this legislation.’

Adequate notice required

Knight said all NSW businesses must now provide existing employees with adequate notice to avoid the threat of prosecution where unauthorised surveillance is being carried out.

‘It’s not just a case of employers verbally letting their employees know that surveillance is being conducted,’ she said. 

‘Businesses will be required to provide written notice that contains specific details about the kinds of surveillance being conducted.

‘However, it’s important that employers and employees understand the new laws do not prevent legitimate surveillance from being conducted in the workplace.’ 

The new laws differentiate between covert and overt surveillance, making it a criminal offence for employers to conduct unauthorised surveillance without employees receiving adequate notice or the employer obtaining authorisation from a local magistrate.

Related

NSW employers have 3 days to comply with new workplace surveillance laws 

 

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