• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Section 4 - Procedures
• Section 5 - Guidelines

Section 1 - Purpose and Context

(1) The purpose of this policy is to ensure that the University complies with the requirements of the Workplace Surveillance Act 2005 that commences on 7 October 2005. The Policy does not provide for, or signal any changes, to the practices of the University. However, the Act requires that employees be formally notified of any actions by the University that would fall within the definitions of surveillance.

(2) The Act deals with surveillance of employees by means of cameras, computers or tracking devices and requires that employees are notified as to the nature of that surveillance. The notice provided to staff must indicate:

1. the kind of surveillance to be carried out (camera, computer or tracking)
2. how the surveillance will be carried out
3. when the surveillance will start
4. whether the surveillance will be continuous or intermittent
5. whether the surveillance will be for a specified limited period or ongoing

(3) Any surveillance type activity that is undertaken by the University must be in accordance with the Act and specifically the notice provided to employees. Any surveillance outside the parameters of the notice is considered to be covert surveillance and must be authorised by a Magistrate.

Section 2 - Definitions

(4) Under the Workplace Surveillance Act 2005 , surveillance of an employee means surveillance of an employee by any of the following means:

1. camera surveillance, which is surveillance by means of a camera that monitors or records visual images of activities on premises or in any other place;
2. computer surveillance, which is surveillance by means of software or other equipment that monitors or records the information input or output, or other use, of a computer (including, but not limited to, the sending and receipt of emails and the accessing of Internet websites);
3. tracking surveillance, which is surveillance by means of an electronic device the primary purpose of which is to monitor or record geographical location or movement (such as a Global Positioning System tracking device).

Section 3 - Policy Statement

(5) The University is committed to meeting its statutory obligations under the Workplace Surveillance Act 2005 and this Policy in conjunction with the IT Acceptable Use of Resources Policy represents the formal notification to employees about activities of the University that fall within the statutory definitions of surveillance.

(6) The Schedule to this policy details instances of activity by the University that are covered by the surveillance provisions, being: camera surveillance; computer surveillance; and tracking surveillance.

(7) The University will also comply with the legal requirements of the Act where surveillance is prohibited. These are contained in Part 3 of the Act (sections 15 to 18) and cover:

1. a prohibition on surveillance in any change room, toilet facility, shower or other bathing facility at the workplace;
2. a prohibition on surveillance when the employee is not at work except in cases of computer surveillance where the employee is using equipment and/or resources supplied by the University. If staff connect to the University via a private computer, such surveillance shall be restricted to University equipment only;
3. a prohibition on blocking the delivery of emails unless notice (prevented delivery notice) has been given to the employee or where the incoming communication is perceived to be spam or a threat to the security of the University’s systems or contains potentially menacing, harassing or offensive material; and
4. a prohibition on preventing delivery of an email or access to a website merely because it has been sent by or on behalf of an industrial organisation of employees or contains information about industrial matters.

Section 4 - Procedures

(8) This Policy will be emailed to all employees and posted to employees who do not have email accounts. It will be published on the University’s Policy and Procedures web site.

(9) The Policy will be provided by Human Resources to all new staff prior to their undertaking employment with the University.

Section 5 - Guidelines

(10) Nil.