How much notice must I give before starting workplace surveillance in NSW?

Under section 10 of the Workplace Surveillance Act 2005 (NSW), you must give employees written notice at least 14 days before computer, camera or tracking surveillance starts. An employee can agree to a shorter period. If surveillance is already running when a new person is hired, or starts within 14 days of them being hired, they must be given notice before they start work.

What must a NSW workplace surveillance notice contain?

Section 10(4) of the NSW Act requires the notice to state: (a) the kind of surveillance (camera, computer or tracking); (b) how it is carried out; (c) when it starts; (d) whether it is continuous or intermittent; and (e) whether it is for a specified period or ongoing.

Is a clause in the employment contract enough for computer monitoring?

No. Under section 12 of the NSW Act, computer surveillance must be carried out under a policy the employee has been notified of in advance, in a way that makes it reasonable to assume they are aware of and understand it. A single contract clause or a document buried on the intranet is not enough — it needs to be a standalone, clearly communicated policy.

Do the same rules apply in Victoria and the ACT?

No. Section 10/12 are NSW law. The ACT has its own Workplace Privacy Act 2011 with a broadly similar advance-notice approach. Victoria regulates surveillance mainly through the Surveillance Devices Act 1999 (Vic) and does not have an equivalent standalone computer-surveillance notice regime. This tool gives NSW detailed drafting and a general-principles version for other states — confirm your state's specific rules.

What do I need to switch on in Microsoft 365 to back up the disclosure?

At minimum: turn on unified audit logging tenant-wide, set retention labels/policies for how long monitoring data is kept, and document who can access it. Then map each surface to its control — mailbox auditing and Purview DLP/eDiscovery for email, Defender web content filtering for browsing, Teams recording policy for calls, and Purview Audit + retention for Microsoft Copilot interactions. Keep evidence for each.

Workplace Surveillance Policy Builder

Generate a workplace surveillance notice and computer-monitoring policy for your business, plus a checklist of what to switch on and be able to prove in Microsoft 365. NSW-detailed; general-principles for other states. General information, not legal advice.

Last verified: 10 July 2026

FairWork Mate AI

Is the figure right for you?

The advisor reads your payslip, contract or letter against the Fair Work Commission case library and cites the decision behind every answer.

Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.

Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99

Get pay and rights updates for your job

Free email updates when award rates, the minimum wage or workplace laws change.

Free forever. No spam. Unsubscribe anytime.

General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

Workplace Surveillance Policy Builder

Is the figure right for you?

Related Tools