Australian Capital Territory Numbered Acts

WORKPLACE PRIVACY AMENDMENT ACT 2016 (NO. 22 OF 2016) - SECT 9

Section 28 (2) and note

substitute

    (2)     In considering whether there are reasonable grounds to issue the covert surveillance authority, the Magistrates Court must consider—

        (a)     for surveillance of a worker in a workplace—

              (i)     the seriousness of the suspected unlawful activity; and

              (ii)     whether there are other appropriate ways to find out if the worker is engaged in the unlawful activity; and

              (iii)     whether it is more appropriate for the unlawful activity to be investigated by a law enforcement agency; and

              (iv)     if the proposed surveillance may be conducted in a non-work area—a worker's heightened expectation of privacy in the area; and

Note 1     Surveillance is prohibited in some non-work areas (see s 41).

Note 2     Non-work area —see the dictionary.

        (b)     for surveillance of a worker outside a workplace—

              (i)     the seriousness of the unlawful activity in which the worker is reasonably believed to be engaged; and

              (ii)     whether there are other appropriate ways to find out if the worker is engaged in the unlawful activity; and

              (iii)     whether it is more appropriate for the unlawful activity to be investigated by a law enforcement agency; and

              (iv)     whether the unlawful activity is directly related to the worker's work for the employer; and

              (v)     whether surveillance of the worker will be undertaken in a place in which a person would have a heightened expectation of privacy; and

        (c)     whether, and the extent to which, the proposed surveillance might intrude on the worker's or someone else's privacy; and

        (d)     whether the person nominated to be the surveillance supervisor in the application is suitable.

Note     Section 29 deals with appointing a surveillance supervisor.