Committee to examine 'patchwork' of workplace surveillance laws

While some industry and employer groups agree law reform is required, others argue current laws are effective and do not need amendment.

A parliamentary inquiry into workplace surveillance is holding public hearings throughout September and in November after receiving 42 submissions from individuals and organisations.

The Legislative Assembly Economy and Infrastructure Committee is examining the impacts it has on workers, the role of new technologies in the practice and the use and handling of data collected.

In its submission the Australian Lawyers Alliance argues the current ‘patchwork’ of legislation in Victoria doesn’t adequately and directly address workplace surveillance in a modern world.

“ ‘There is no requirement in Victoria for employers to disclose surveillance in the workplace to their employees.’ ”

Australian Lawyers Alliance

‘Some employment contracts may outline that an employee may be subject to surveillance and what form that surveillance may take; however, it is not disclosed how data collected from that surveillance may be used or how that data will be stored.’

This is in stark contrast to other jurisdictions, including New South Wales which has specific workplace surveillance legislation and where employers are required to notify employees about workplace surveillance.

The Law Institute of Victoria (LIV) submits current regulations in Victoria are ‘ineffective’.

It recommends more broadly applicable workplace surveillance laws, similar to NSW and the Australian Capital Territory.

“ ‘This would have the benefit of regulating workplace surveillance in a more comprehensive way in Victoria, offering greater protections for workers.' ”

Law Institute of Victoria

You can hear firsthand from the LIV at the inquiry’s first public hearing on Tuesday 3 September.

Other submissions, including from the Victorian Trades Hall Council and Victorian branch of the Community and Public Sector Union, take an extensive look at the impacts of workplace surveillance on workers, including their health and wellbeing and overall workplace culture.

The Australian Manufacturing Workers’ Union, Finance Sector Union and Building Industry Group of Unions detail instances of workplace surveillance in Victoria in their submissions.

The Australian Services Union outlined various types of workplace monitoring, including biometric, wearable tracking, algorithmic and app-based surveillance, as well as working from home surveillance.

These unions will appear at the inquiry’s first public hearing to be held on Tuesday 3 September.

The Office of the Victorian Information Commissioner and Business Council of Australia will also be represented.

Other hearings will involve a diverse range of voices, including more business and employer groups.

For full witness schedules and other inquiry information go to the Committee’s website.