Workplace Surveillance Act WA: What Employers Must Know

Yes, employers in Perth can legally monitor their workplaces—but only within strict legal limits. The Surveillance Devices Act 1998 (WA) and associated privacy laws require transparency, consent, and fairness. Whether you're a business owner planning to install CCTV or an employee wondering about your rights, this guide covers everything you need to know.

What Types of Workplace Surveillance Are Legal?

In Western Australia, certain types of workplace surveillance are legal—as long as they follow clear rules about transparency and consent. Here’s what’s generally permitted:

• CCTV (Visual Surveillance): Yes, employers can install cameras in common workplace areas (like offices, storefronts, or warehouses), but employees must be clearly informed. Signage or written notice is typically required.
• Audio Recording: Generally no. Recording conversations without consent from all parties is unlawful under the Surveillance Devices Act 1998 (WA), unless a specific exemption or warrant applies.
• Computer, Email, and Internet Monitoring: Yes, if employees have been informed. Employers can monitor digital activity on company-owned devices, especially for security or productivity reasons, but policies must be clear and accessible.
• GPS Tracking: Yes, when tracking company-owned vehicles or equipment. Employers must notify employees about the tracking in advance.

Importantly, surveillance must never occur in private spaces (e.g. bathrooms, change rooms), and data collected should be reasonably related to the employer’s legitimate business interests.

Is Covert Surveillance Ever Allowed?

Yes—but only in rare cases. Covert surveillance (without notifying the employee) is typically unlawful unless a magistrate grants a surveillance warrant. This might happen if there’s credible suspicion of serious misconduct or criminal activity within the workplace. Employers cannot secretly monitor employees simply for performance review or curiosity.

What Are Employers Legally Required to Do?

In Western Australia, employers must meet specific legal obligations before conducting any form of workplace surveillance. These include:

• Provide Clear Notice: Employers are legally required to inform employees that surveillance is in place. This includes specifying what type of surveillance is being used (e.g. CCTV, computer monitoring) and the areas being monitored.
• Respect Privacy Boundaries: Surveillance cannot occur in areas where employees have a reasonable expectation of privacy—such as restrooms, changing rooms, or personal lockers.
• Comply with the Surveillance Devices Act 1998 (WA): Audio surveillance and certain covert surveillance practices are heavily restricted and usually illegal without consent or a warrant.
• Have a Legitimate Purpose: Surveillance must serve a genuine business need, such as protecting property, ensuring safety, or monitoring work performance—not to intimidate or harass staff.
• Document and Communicate Policies: Employers should have written surveillance and privacy policies and ensure employees understand them—ideally as part of an employment contract or onboarding process.

Failing to follow these requirements can expose employers to legal disputes or penalties under state and federal workplace and privacy laws.

What Rights Do Employees Have?

Employees in Australia have several legal rights when it comes to workplace surveillance, particularly under privacy and employment laws in Western Australia:

• Right to Be Notified: Employees must be clearly informed if they are being monitored. Employers cannot secretly install surveillance without proper notice, except in limited lawful circumstances.
• Right to Privacy in Certain Areas: Employees have a legal expectation of privacy in areas like toilets, change rooms, and personal spaces. Surveillance in these areas is generally prohibited.
• Right to Know the Purpose: Employees can ask why the surveillance is in place. It must be for a legitimate reason, such as safety, property protection, or performance monitoring—not personal intrusion.
• Right to Access Policies: Workers are entitled to access the company’s surveillance or privacy policy to understand how and when monitoring occurs, what data is collected, and how it's used.
• Right to Challenge Unlawful Use: If employees believe surveillance is excessive, unfair, or unlawful, they can raise concerns with HR, a union representative, or a workplace watchdog such as the Fair Work Ombudsman.

These rights aim to strike a balance between an employer’s need to monitor for legitimate reasons and an employee’s right to dignity and privacy at work.

Best Practices for Ethical and Legal Monitoring

Both legal compliance and workplace culture benefit from transparent surveillance practices. Employers should:

• Explain surveillance policies during onboarding and in internal documents.
• Limit monitoring to work-related activities and avoid micromanaging.
• Review and update surveillance tools and policies regularly.
• Seek legal advice before installing any covert systems.

Common Mistakes to Avoid

Even well-intentioned employers and employees can misstep when it comes to workplace surveillance. Misunderstanding the laws or neglecting procedural requirements can lead to legal disputes, damaged trust, and potential penalties. Here's a look at the most frequent errors and how to steer clear of them.

• Skipping Notification: Failure to inform employees about monitoring may be illegal.
• Recording Conversations Without Consent: This can breach privacy and trigger penalties.
• Covert Monitoring Without a Warrant: Unauthorized secret surveillance is not allowed under WA law.

Legal Consequences for Breaching Surveillance Laws

Unlawful surveillance can result in serious consequences. Employers may face fines, legal action, or reputational damage. Employees harmed by privacy violations can file complaints and, in some cases, seek compensation.

Final Thoughts

Workplace surveillance in Perth isn’t inherently illegal—but it must be handled with care, transparency, and a strong understanding of the law. Employers must comply with regulations, and employees should be aware of their rights and remedies.

If you need expert legal advice on implementing or responding to surveillance in your workplace, LegalFinda today. Our team can help you navigate compliance and protect your legal interests.=