Victorian Trades Hall Council. The voice of Victorian workers since 1856.Victorian Trades Hall Council. The voice of Victorian workers since 1856.

New Workplace Privacy Laws Neeeded

New workplace privacy laws and an independent regulator are needed to protect Victorian workers from invasions of privacy, says a report by the Victorian Law Reform Commission.
There are currently a variety of laws covering some aspects of privacy in the workplace, while many practices remain completely unregulated.
The proposed Act would deal specifically with such practices as video surveillance, email monitoring and medical testing. Under existing laws it is legal for employers to ask workers to agree to being filmed in toilets and washrooms.
The workplace privacy Act would give Victorians some of the world’s best protection and a clear regulatory framework and guidelines for employers.
According to the report, some of the elements of the Act include: 

  • Appointment of a regulator to promote understanding and acceptance of workplace privacy legislation, to advise employers and workers and to oversee the administration of the legislation. This role could be undertaken by an existing regulator, such as the Privacy Commissioner, or by a newly established office.
  • The regulator will issue advisory codes or approve codes developed by employers, to cover some workplace practices, for example overt video surveillance and monitoring of workers’ emails.
  • The regulator would also develop and oversee mandatory codes of practice to cover more privacy-intrusive activities, such as drug and alcohol testing of workers and covert surveillance. A breach of a mandatory code of practice would be a breach of the Act.
  • If the regulator believes that businesses are not adhering to advisory or approved codes of practice, the regulator can recommend to the relevant government minister that such codes become mandatory.
  • Privacy-intrusive practices that affect workers when they are not working will require authorisation by the regulator, as will genetic testing.
  • Surveillance in toilets, change rooms, showers and bathrooms will be prohibited, even if workers have consented to it.
  • A complaints system will be set up to give workers and employers a mechanism for resolving disputes about workplace privacy issues. The regulator would be able to conciliate, investigate complaints and make rulings.
  • The regulator will be able to investigate and initiate inquiries into breaches of workplace privacy.
  • The regulator will have the power to conduct or commission audits to ascertain whether an employer or group of employers are complying with the legislation.
  • The Victorian Civil and Administrative Tribunal will be able to review a range of decisions made by the regulator and to enforce regulator rulings.

Victorian Law Reform Commission media
Download full report


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