We have CCTV cameras in certain areas of our warehouse and offices in Western Australia (WA) and Queensland. Can you please advise what our obligations are with regards to notifying our employees? In WA, we will be sending out a surveillance policy that outlines that CCTV cameras may be in use. Is there anything further that we need to do?
Legislation in WA (Surveillance Devices Act 1998) stipulates that employers must obtain the express or implied consent of employees to conduct camera surveillance of their private activities. Where an employer wishes to use CCTV technology, consent must be obtained where surveillance is conducted where an employee reasonably expects that they will not be seen or heard by third parties.
In Queensland, an employer requires the consent of employees when conducting audio surveillance where an employee reasonably expects that their conversation will not be overheard by a third party. This will apply if the use of CCTV carries an audio surveillance component.
For more detailed information regarding surveillance laws across the country, review the chapter Workplace Surveillance.