Workplace surveillance notice: what NSW employers must include

By the ITLAW Team · Last reviewed November 2026 · General information, not legal advice

Guides › Workplace Technology › Surveillance notice

Under the Workplace Surveillance Act 2005 (NSW), camera, computer and tracking surveillance of employees at work is only lawful if proper notice has been given. Getting the notice wrong can make the surveillance unlawful and the evidence harder to use. See our workplace technology guide for the wider rules.

When notice must be given

• At least 14 days before surveillance starts for existing employees, or a shorter period if the employee agrees.
• For new employees, before they start work, where surveillance is already in place.
• Notice can be given in writing, including by email.

What the notice must say

• the kind of surveillance: camera, computer or tracking
• how the surveillance will be carried out
• when it will start
• whether it will be continuous or intermittent
• whether it will be for a specified limited period or ongoing

Extra requirements by type

• Camera: cameras must be clearly visible and there must be signs at each workplace entrance notifying people they may be under surveillance.
• Computer: must be carried out in accordance with a policy on computer use that employees have been notified of in a way that makes it reasonable to assume they are aware of and understand it.
• Tracking: vehicles or devices with tracking must carry a clearly visible notice.

Audio recording is different

Recording private conversations is governed by the Surveillance Devices Act 2007 (NSW), which generally prohibits recording a private conversation without the consent of the parties, subject to limited exceptions. A workplace surveillance notice does not authorise audio recording of private conversations.

Notice checklist

• Identify every surveillance system, including software on laptops and phones.
• Prepare a written notice covering all required content.
• Adopt and circulate a computer and email use policy.
• Install camera signage and vehicle notices.
• Keep records of when each employee received the notice.

Frequently asked questions

How much notice must an employer give for workplace surveillance in NSW?

At least 14 days’ written notice before surveillance starts, unless the employee agrees to a shorter period.

Can a surveillance notice be given by email?

Yes. The notice must be in writing, and email is commonly used.

Does a surveillance notice allow audio recording?

No. Recording private conversations is governed separately by the Surveillance Devices Act 2007 (NSW).

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