Workplace Surveillance and Monitoring in Australia

Only two Australian jurisdictions, New South Wales and the ACT, have a law dedicated to workplace surveillance. Everywhere else, an employer monitoring staff or an employee recording a meeting falls back to the state's general listening-device and surveillance-device Act.

This article covers the two dedicated workplace surveillance statutes in New South Wales and the Australian Capital Territory, how the remaining six jurisdictions instead apply their general recording law to the workplace, the Commonwealth's narrow employee-records exemption from the Privacy Act, and how the Fair Work Commission treats secret workplace recording in unfair dismissal cases. It does not cover award or enterprise-agreement specific monitoring clauses, or law-enforcement surveillance-warrant regimes.

Does Australia Have a Dedicated Workplace Surveillance Law?

Only two of Australia's eight states and territories have legislation dedicated specifically to workplace surveillance: New South Wales, under the Workplace Surveillance Act 2005 (NSW), and the Australian Capital Territory, under the Workplace Privacy Act 2011 (ACT). Every other jurisdiction, Victoria, Queensland, Western Australia, South Australia, Tasmania and the Northern Territory, has no dedicated workplace statute at all. In those six, workplace recording and monitoring is governed by exactly the same general listening-device and surveillance-device Act that applies to any other setting, covered in detail on this site's overview of recording a conversation in Australia. That distinction matters, because NSW and the ACT add notice and authorisation requirements a workplace in the other six jurisdictions simply does not have.

New South Wales: Notice Before Surveillance Begins

New South Wales is the most prescriptive jurisdiction in the country on workplace surveillance. Under the Workplace Surveillance Act 2005 (NSW) s 10, an employer must not commence surveillance of an employee, whether by camera, computer or tracking device, without giving prior written notice at least 14 days before it starts, although an employee may agree to a shorter period. If surveillance already exists when a new employee joins, notice must be given before they start work. The notice itself must state the kind of surveillance being carried out, how it is carried out, when it will start, whether it is continuous or intermittent, and how long it will last. Covert surveillance, meaning surveillance an employee is not told about, generally requires a separate authority; the detail of that authorisation process was not independently verified for this article and is described only in general terms here.

The ACT: Optical, Tracking and Data Surveillance, But Not Audio

The Australian Capital Territory takes a different structural approach. The Workplace Privacy Act 2011 (ACT) covers optical, tracking and data surveillance of workers, but it does not cover listening devices; audio recording in an ACT workplace stays under the Territory's general Listening Devices Act 1992, described further on the main recording-law overview. Reporting on the Act's structure indicates that covert surveillance generally needs a court-issued covert surveillance authority, that any such authority is time-limited, and that surveillance is barred in areas such as toilets, change rooms and first-aid rooms, and outside the workplace altogether. Because the ACT Act's section-level detail was not independently verified for this article, the reliable takeaway is the general shape of the regime, workplace optical and data surveillance regulated separately from audio, covert surveillance requiring court authorisation, rather than any specific number or deadline.

The Other Six Jurisdictions: The General Recording Law Applies at Work Too

In Victoria, Queensland, Western Australia, South Australia, Tasmania and the Northern Territory, there is no separate workplace regime, so the same three-group framework that applies to any other conversation applies at work. In Victoria, Queensland and the Northern Territory, an employee recording their own meeting with a manager is outside the listening-device offence entirely, because the offence only reaches a conversation the recorder is not part of. In Western Australia and South Australia, recording a work conversation is prohibited by default and excused only by consent or a lawful-interests justification, with no personal-use exception, so an employee recording purely to have a private record of what was said may not be excused. Employer monitoring of staff, such as CCTV in a shared work area, is instead judged under each state's optical-surveillance or private-activity test, which generally does not restrict cameras covering open work areas the way it restricts a concealed device in a space like a bathroom or change room.

Workplace Surveillance and Recording: State by State

The Commonwealth Employee-Records Exemption, and Its Limits

Separately from any state surveillance law, the Privacy Act 1988 (Cth) s 7B(3) exempts an employer's handling of a current or former employee's personal information from the Australian Privacy Principles, where that handling is directly related to the employment relationship and to an employee record the employer holds. The Office of the Australian Information Commissioner is clear that this exemption is narrower than it sounds. It does not cover a job applicant or an unsuccessful candidate, who is not yet an employee. It does not cover a contractor handling another organisation's employee records, since the exemption is tied to the employer's own employees. And it does not cover a volunteer, because a volunteer is not an employee for the purposes of the exemption. Outside those narrow bounds, and outside employee records specifically, ordinary Australian Privacy Principle obligations can still apply to an organisation covered by the Privacy Act.

Secretly Recording Colleagues Can Still Cost You Your Job

Even where secretly recording a colleague or manager breaks no criminal law, it can still be a valid reason for dismissal. In Altham-Wooding v PKDKAdventures Pty Ltd [2024] FWC 2753, Deputy President Saunders rejected an unfair dismissal application after an employee secretly recorded her own workplace conversations, holding that secret recording in the workplace is "highly inappropriate, irrespective of whether it constitutes an offence in the relevant jurisdiction." The Fair Work Commission is not bound by the rules of evidence under the Fair Work Act 2009 (Cth) s 591, which means a covert recording can still be put before the Commission, including as evidence of the recording itself rather than only its contents. That combination matters practically: even in Victoria, Queensland or the Northern Territory, where recording a work conversation you are part of is not a criminal offence, the Commission can still treat the act of secretly recording colleagues as misconduct going to trust and good faith in the employment relationship.

This article provides general legal information about workplace surveillance and monitoring in Australia. It does not constitute legal advice and does not account for your individual circumstances. The Workplace Privacy Act 2011 (ACT) detail above is described in general terms because its section-level wording was not independently verified as at 19 July 2026. For advice on a specific workplace situation, consult a legal practitioner admitted in the relevant Australian state or territory.

Related reading: the Australia recording laws hub links to a dedicated page for each state and territory, recording the police in Australia covers a separate public-place scenario, and the Australia data privacy laws overview covers the Australian Privacy Principles in more depth.