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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42670
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My question is about employment rights in regard to the

Customer Question

Hi, my question is about employment rights in regard to the set-up of permanent video cameras capturing live images and streaming them to personal devices out-with the workplace. I have worked at a hairdressing salon in Sydney for several years and have
been in contact with the Fair Work Ombudsman, the Privacy Commissioner and Industrial Relations in regard to this workplace surveillance and privacy complaint but unfortunately they cannot assist me with my complaint. I am aware that the installation of these
surveillance cameras, without disclosure or signage within our workplace is in breach of the workplace surveillance act 2005. I am also aware that the act prevents an employer from streaming our images to personal devices outside the workplace without consent
and the effect of stress on each individual is causing very negative result. So, my question to you is how can this be enforced ? Given that none of the government agencies above take ownership/jurisdiction of this. Is this a civil matter, or a matter for
the police ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  ANDREA, replied 1 year ago.

PLEASE TRANSFER TO "AUSTRALIA LAW"

Customer: replied 1 year ago.
Hi Andrea
Sorry I don't understand ?
Customer: replied 1 year ago.
Shall I ask the question choosing 'Australia Law' from the drop down menu ? If so will I be charged again ?
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

There are strict rules about surveillance cameras at work and they can be put in place provided the employer notifies the employees and they cannot be placed in certain areas.

Here is an overview for australia

http://workplaceinfo.com.au/resources/employment-topics-a-z/surveillance-in-the-workplace

It is a matter that you have to take an action with the Industrial relations commission for the employer being in breach of the act.

I am not sure why they are telling you they cannot assist. They may not be able to do anything with a verbal complaint but you can commence proceedings and they have to act.
Look at section 41 of the act and also section 40 giving jurisdiction to all state courts except the local court.

http://www.austlii.edu.au/au/legis/nsw/consol_act/wsa2005245/

You have to file an application with the court that they have breached the act.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Hi Leon
Many thanks for your response.
Please would you let me know whether I have interpreted your reply correctly, as follows:
1. The first point you make is that there are strict rules etc. As I mentioned in my initial question, I know this already.2. Secondly, you refer to the Industrial Relations Commission, and Sections 40 and 41 of the Workplace Surveillance Act 2005. This appears to relate to covert operations, and the grant/permission by a Magistrate for an employer to do so. Is this correct ? If so, how is this relevant to my question ? Please would you clarify, and let me know under what part of the Act can I, as an employee of a business where overt surveillance is taking place, file an application ?3. Finally, the third component of your response thanks me for my enquiry.Please could also tell me why a complaint / breach of this nature falls under the remit of the Industrial Relations Commission ? The reason I ask is that as far as I thought there may be some relevance the Privacy Act 1988 ?Look forward to hearing from you.Please give me a call if you would like to discuss / clarify.So, my question to you is how can this be enforced ? Given that none of the government agencies above take ownership/jurisdiction of this. Is this a civil matter, or a matter for the police ?
Expert:  Leon replied 1 year ago.

Good Morning

In the work place they have to have approval for covert.

It does not come under privacy it is dealt with under the act I sent you.

Customer: replied 1 year ago.
Hello Leon
I understand an employer would need approval for covert surveillance.
Also, I totally understand that regulation of cameras in the workplace falls under the Act you referred me to.
I explained in my very first message I knew this.
Also in my very first message I asked, how is any breach of the Act enforced ?
Sorry if I have misunderstood or misinterpreted any of your advice this far.
However, to be clear..... :........ under what part of the Workplace Surveillance Act, can I, as an employee of a business where overt surveillance is taking place, file an application ?Please would you clarify.Many thanks in advance.
Expert:  Leon replied 1 year ago.

Good Morning

You make an application to the Industrial relations commission. They have the right to enforce.

It is not under the Act that says where you can go. But the Industrial Relations Commission has the power to enforce it.

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