Surveillance Devices (Workplace Privacy) Act 2006 (Vic)

Surveillance Devices (Workplace Privacy) Act 2006

Act No. 70/2006

table of provisions

Section  Page

1.Purpose

2.Commencement

3.New Part 2A inserted in Surveillance Devices Act 1999

Part 2A—Workplace Privacy

9A.Definitions

9B.Prohibition on certain uses of optical surveillance devices or listening devices

9C.Prohibition on communication or publication of activities or conversations permitted to be observed etc.

9D.Offences by unincorporated bodies or firms

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Endnotes

Surveillance Devices (Workplace Privacy) Act 2006

[Assented to 19 September 2006]

The Parliament of Victoria enacts as follows:

1.Purpose

The purpose of this Act is to amend the Surveillance Devices Act 1999 so as to enhance its operation in workplaces.

2.Commencement

This Act comes into operation on 1 July 2007.

3.New Part 2A inserted in Surveillance Devices Act 1999

After Part 2 of the Surveillance Devices Act 1999 insert—

'Part 2A—Workplace Privacy

9A.Definitions

In this Part—

"employer" means a person, unincorporated body or firm that—

(a)employs a person under a contract of service or apprenticeship; or

(b)employs a person under the Public Administration Act 2004 or any other Act; or

(c)engages a person under a contract for services; or

(d)engages a person to perform any work the remuneration for which is based wholly or partly on commission; or

(e)engages a person to perform work on an unpaid or voluntary basis;

"firm" has the same meaning as in the Partnership Act 1958 but does not include an incorporated limited partnership within the meaning of Part 5 of that Act;

"washroom" includes a room fitted with bathing or showering facilities;

"worker" means a person employed or engaged by an employer, in a manner set out in the definition of "employer", but does not include a person who is employed or engaged by another person to perform services in connection with that person's family or domestic affairs;

"workplace" means any place where workers perform work.

9B.Prohibition on certain uses of optical surveillance devices or listening devices

(1)Subject to sub-section (2), an employer must not knowingly install, use or maintain an optical surveillance device or a listening device to observe, listen to, record or monitor the activities or conversations of a worker in a toilet, washroom, change room or lactation room in the workplace.

Penalty:In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;

In any other case, 1200 penalty units.

(2)Sub-section (1) does not apply to the installation, use or maintenance of an optical surveillance device or a listening device—

(a)in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or

(b)in accordance with a law of the Commonwealth; or

(c)if required by a condition on a licence granted under the Liquor Control Reform Act 1998.

9C.Prohibition on communication or publication of activities or conversations permitted to be observed etc.

(1)Subject to sub-section (2), a person must not knowingly communicate or publish a record or report of an activity or conversation observed, listened to, recorded or monitored by the use of an optical surveillance device or a listening device in the circumstances referred to in paragraph (a), (b) or (c) of section 9B(2).

Penalty:In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;

In any other case, 1200 penalty units.

(2)Sub-section (1) does not apply—

(a)if the activity or conversation was observed, listened to, recorded or monitored in the circumstances referred to in section 9B(2)(a), to a communication or publication of protected information; or

(b)if the activity or conversation was observed, listened to, recorded or monitored in the circumstances referred to in section 9B(2)(b), to a communication or publication authorised by a law of the Commonwealth relating to the security of the Commonwealth; or

(c)if the activity or conversation was observed, listened to, recorded or monitored in the circumstances referred to in section 9B(2)(c), to a communication or publication authorised by or under the Liquor Control Reform Act 1998 or the licence granted under that Act.

9D.Offences by unincorporated bodies or firms

If this Part provides that an employer that is an unincorporated body or a firm is guilty of an offence, that reference to the employer must—

(a)in the case of an unincorporated body, be read as a reference to each member of the committee of management of the body; and

(b)in the case of a firm, be read as a reference to each member of the partnership.'.

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Endnotes

Minister's second reading speech—

Legislative Assembly: 9 August 2006

Legislative Council: 13 September 2006

The long title for the Bill for this Act was "to amend the Surveillance Devices Act 1999 so as to enhance its operation in workplaces and for other purposes."