Workplace surveillance notice in Australia: what each state requires

The short answer

14 days

written notice before surveillance starts, in NSW and the ACT

2

jurisdictions with a dedicated workplace surveillance law

25 Sep 2026

when we last checked every source on this page

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What does NSW require before workplace surveillance?

The Workplace Surveillance Act 2005 (NSW) regulates three kinds of surveillance of employees: camera, computer and tracking. Computer surveillance is surveillance by software or other equipment that monitors or records the information input or output, or other use, of a computer. In our reading, a time tracker that records activity and screenshots fits that description. The NSW Government’s own summary, circular C2005-37, sets out the requirements.

• Written notice at least 14 days before surveillance starts, or a shorter period if the employee agrees.
• What the notice must say: the kind of surveillance (camera, computer or tracking); how it will be carried out; when it will start; whether it will be continuous or intermittent; and whether it is for a limited period or ongoing.
• Computer surveillance must follow a policy, and staff must be notified of it in a way that makes it reasonable to assume they are aware of and understand it.
• Covert surveillance, meaning surveillance not notified under the Act, is an offence unless authorised by a magistrate.
• Not at work: surveillance of an employee who is not at work is prohibited, except computer surveillance of their use of equipment or resources provided by the employer.
• Blocking email or websites must be done under a policy, and employees must generally be told when an email is blocked.

The circular was written for NSW public sector agencies; the notice requirements it summarises come from the Act itself.

What does the ACT require?

The Workplace Privacy Act 2011 (ACT) applies to surveillance of workers, a broad term that covers people carrying out work under an arrangement with a business, not only employees. It regulates optical, data and tracking surveillance devices. A data surveillance device is a device or program capable of being used to record or monitor the input of information into, or output from, a computer.

• Section 13: written notice at least 14 days before surveillance starts, or a shorter period the worker agrees to; for a new worker, before they start work. The notice must state the kind of device, how and when surveillance will be conducted, who is subject to it, whether it is continuous or intermittent, whether it is for a stated period or ongoing, the purpose for which surveillance records may be used and disclosed, and the worker’s right to be consulted.
• Section 14: the employer must consult the worker in good faith about the surveillance for at least the notice period.
• Section 16: data surveillance must follow a policy that states how the employer’s computer resources may and must not be used, what is logged and who can access it, and how compliance is monitored and audited, and workers must be notified of it before surveillance starts.
• Covert surveillance is an offence (section 35) unless the Magistrates Court authorises it, which it may do only to find out whether a worker is engaged in unlawful activity (section 26).
• Prohibited areas and times: no surveillance in toilets, change rooms, showers, nursing and prayer rooms, sick bays or first-aid rooms (section 41), and none of a worker who is not in a workplace, except data surveillance of their use of employer-provided equipment (section 42).

What is the position in Victoria?

Victoria has no dedicated workplace surveillance Act. According to the Parliament of Victoria’s 2025 inquiry report, workplace surveillance is covered by the Surveillance Devices Act 1999 (Vic), which since 2006 prohibits cameras and listening devices in workplace toilets, bathrooms, change rooms and lactation rooms. The report notes that the Act is silent on the use of data surveillance by employers.

The inquiry recommended new legislation requiring 14 days’ written notice that specifies the methods, scope, timing and purpose of surveillance and how the data will be used and stored. In its November 2025 response, the Victorian Government supported the intent of that recommendation and said it will assess legislative options to require notice. When we checked, the government’s workplace surveillance page described work on new laws but no bill. Giving notice in Victoria now is still good practice.

What about the other states and the NT?

The same Victorian inquiry report summarises the rest of the country. Queensland and Tasmania do not specifically regulate surveillance of employees, and their general surveillance laws are limited to listening devices. Western Australia, South Australia and the Northern Territory rely on general surveillance laws covering optical, tracking and listening devices, rather than workplace-specific rules.

Those general laws, and your employment contracts and workplace policies, still apply. For staff spread across states, one practical approach is a notice that meets the ACT’s requirements, which include everything on the NSW list: 14 days’ written notice, a stated purpose, a written computer-use policy, and consultation. It is not a substitute for checking the rules that apply to you.

What does federal law say?

Neither the Privacy Act nor the Fair Work Act sets a workplace surveillance notice period. Four federal points are still worth knowing.

• The OAIC says the Privacy Act does not specifically cover surveillance in the workplace, and that if an employer monitors staff email, internet and computer use and has told staff about it, this would generally be allowed. The Australian Privacy Principles may apply to records of the monitoring.
• The employee records exemption means a private sector employer’s handling of employee records is exempt from the Australian Privacy Principles when directly related to a current or former employment relationship. The OAIC notes that it does not cover contractors handling another organisation’s staff information.
• The Fair Work Act 2009 does not refer to workplace surveillance, as the Victorian inquiry report notes.
• The Fair Work Ombudsman recommends clear workplace policies on email, internet use and surveillance, telling staff what information is recorded and kept, and notes that state and territory laws may limit surveillance.

What should a workplace surveillance notice include?

Side by side, as summarised in the sources above. A notice that covers the ACT column also covers NSW.

For a time tracker, “how it will be carried out” means saying plainly what the agent records and what it never records. Our guide to monitoring without keylogging has a table you can adapt.

How does AirStaff handle notice and consent?

AirStaff builds the notice into the product, so tracking cannot start before it has been given.

Consent gate

Tracking is blocked at the server until the staff member accepts a monitoring notice; no employer setting bypasses it

Notice periods

Applied by jurisdiction, such as the 14 days in NSW, before tracking starts

Versions

Staff see which notice version they accepted and when; an updated notice pauses tracking until they re-accept

Self-view

Every staff member sees their own hours, screenshots and activity in My data

AirStaff’s notice describes what the agent does. Your computer-use policy, consultation and anything else your state requires remain yours to provide.

Related reading

• What AirStaff records and never records
• Best employee monitoring software in Australia
• Compare time tracking software
• Switch from Hubstaff (notice periods included)
• AirStaff pricing