Workplace Surveillance (Qld)

Is your boss watching? What Queensland workers and employers need to know about workplace surveillance 

If you run a business or work in a business, you probably know at least something about workplace surveillance. You’re likely aware that the organisations typically monitor internet usage, you may log your vehicle usage miles via a work GPS, and you probably are aware that there are security cams in place. It’s no longer just a concern for high-security industries – it’s become a fact of daily working life across Queensland. 

Why has it become so common? Many employers deploy surveillance devices for legitimate purposes, including to make sure their employees are safe, their assets are protected, to detect fraud or theft and to monitor quality control and employee behaviour. 

But these objectives – even though legitimate – need to be balanced against the employees’ and/or customers’ right to privacy. So, how much monitoring (and what kind) is actually legal in Queensland? And what are the rules employers have to follow?

Whether you’re a business owner setting up a surveillance system or an employee wondering about your rights, here’s what the law says. 

What counts as workplace surveillance in Queensland?

Workplace surveillance has been standard in businesses for decades, but as technology has developed, the recording options have expanded as well. In Queensland today, surveillance typically takes three forms:

• Visual and audio surveillance – equipment that provides visual and audio surveillance of the workplace and surrounding area, for example, CCTV cameras
• Data surveillance – devices or software that monitor internet use, computer activity and emails
• Location tracking – devices that monitor the physical location of an employee or a company vehicle, for example, GPS devices

Beyond traditional CCTV, newer technology is becoming increasingly common. For example, transport and delivery companies often install dashboard cams that record the surrounding area vehicles, sometimes also capturing speed and location data. 

In industries like construction and security, wearable cameras (or ‘body cams’) are sometimes worn by employees and can access areas of a workplace that fixed cameras can’t cover.

Benefits of workplace surveillance

There are many legitimate reasons why a business might want to use workplace surveillance. For example, it’s a great way to:

• Ensure employee safety
• Protect company assets
• Detect fraud or theft
• Monitor quality control and workplace behaviour

One significant practical benefit is having an uncontested record in case there’s a workplace incident or accident. For example, video footage could establish whether an employee was acting within the scope of their employment, which can be critical if questions of vicarious liability come up.

What is the law in Queensland?

While there may be legitimate benefits to and reasons for workplace surveillance, individual rights still matter. In Queensland, the law allows an employer to monitor and surveil workplace activity to ensure that staff members use resources and work appropriately. An employer can even legally monitor computer and internet use, as well as email, as long as the employee is aware of the surveillance. In other words, it must not be hidden or covert surveillance.

However, it is an offence to photograph or video record people without consent in places where there is an expectation of privacy, such as a bathroom, bedroom or changing room, under any circumstances.

The legal framework in Queensland

Queensland’s approach to workplace surveillance is somewhat patchwork compared to other states like New South Wales and Victoria. Instead of a dedicated workplace surveillance code, several different laws come into play. 

• The Invasion of Privacy Act 1971 (QLD) – makes it an offence to use a listening device to overhear, record, monitor or listen to a private conversation without the consent of the parties. 
• The Criminal Code 1899 (QLD) – Section 227A of the Criminal Code makes it an offence to visually record a person in places where they reasonably expect privacy (such as toilets, bathrooms and change rooms).
• Office of the Australian Information Commissioner (OAIC) guidelines – allows that monitoring staff email and internet use is generally permitted if workers are told that monitoring happens, and that covert (or hidden) monitoring of private conversations or in private areas can amount to a criminal offence under these regulations.
• Privacy Act 1988 (Cth) – any business governed by the Privacy Act must also comply with the Australian Privacy Principles (APPs) when implementing workplace surveillance, for example, if the company keeps a record of emails that aren’t directly related to work product, then this data will be subject to the APPs.

What if an employer breaches workplace surveillance laws?

Employers who get surveillance wrong can face serious consequences — and the type of consequence depends on which law has been breached.

• Criminal liability – if cameras or other devices intrude on areas where workers can reasonably expect privacy, or if private conversations are secretly recorded without consent, the employer may be charged with a criminal offence under the Criminal Code or the Invasion of Privacy Act 1971 (Qld). Penalties can include fines, forfeiture of equipment and in serious cases, imprisonment by up to three years
• Privacy Act complaints – Where surveillance breaches the APPs, affected workers can first raise a complaint with the employer, and then escalate to the OAIC. The OAIC has the power to investigate, require changes to practices and pursue civil penalties for non-compliance.
• Employment disputes – Unlawful surveillance can also become a factor in unfair dismissal claims or other workplace disputes. Employees who believe their employer has overstepped should seek legal advice about their options.

In 2018, the Queensland Government asked the Queensland Law Reform Commission (QLRC) to review privacy protections for workers in the context of workplace surveillance. QLRC completed a separate report on civil surveillance and privacy in 2020, but the specific workplace surveillance review has since been put on hold. As of 2026, no stand-alone workplace surveillance legislation has been introduced in Queensland.

The Queensland Government is currently consulting on how to implement the QLRC’s civil surveillance recommendations, and any future workplace-specific reforms are likely to build on whatever new surveillance framework is eventually adopted.

How should a company implement workplace surveillance?

If you’re thinking about setting up any workplace surveillance, it’s worth first slowing down and asking some basic questions – because getting it wrong can have real legal consequences. 

Best practice steps informed by Queensland’s legal framework

1. Do you actually need it? Surveillance should always be necessary and appropriate, and have a clear, legitimate purpose. It should also be limited to what’s necessary to achieve that purpose. Recording more than you need – or monitoring for vague reasons – will create unnecessary risk.
2. Do you need audio as well as video? Audio significantly raises the likelihood that you’ll capture sensitive, personal information, since employees will often discuss private matters (including protected information) with co-workers during the workday. If you don’t need it, it’s typically best to leave it off.
   
3. Have you told people they’re being monitored? Before any surveillance goes live, everyone who might be recorded needs to know, including employees, contractors, customers and anyone else. You must also explain the purpose of the surveillance. If the purpose changes at any time, you’ll need to tell them again. Often, it’s most convenient to cover this during onboarding or induction. For customer-facing businesses, a sign at the entrance is the standard approach.
   
4.  Get consent where it’s required. If there’s any chance your surveillance will capture sensitive information – like data that could reveal union membership – you’ll need explicit consent under the Privacy Act. It’s good practice to get this in writing as part of your employment documentation.
   
5. Have a clear data retention policy. Decide upfront how long recordings will be kept, and stick to it. This policy should only be varied for a legitimate business reason. Generally, you should hold onto footage for as short a time as operationally necessary. Make sure recordings are stored in a way that lets you locate and retrieve specific footage quickly if you ever need to respond to a legal discovery request or inquest. And if you do become aware of pending litigation, stop any automatic deletion systems immediately – deleting relevant footage at that point could have serious consequences.
   
6. Apply surveillance consistently. Be careful about how is monitored and when. Only surveilling certain employees and not others can look discriminatory. There are also some practical edge cases to think through – for example, if employees wear body cams, they’ll need to be able to turn them off before entering bathrooms or other private areas, or you risk breaching the Criminal Code.

Don’t wait until something goes wrong

Workplace surveillance in Queensland is a balancing act. Employers have legitimate reasons for monitoring workplaces, but they also need to get it right to avoid criminal liability, privacy complaints and employment disputes. And employees also have rights to privacy and knowledge, and have options if they suspect they’ve been monitored unlawfully.

Armstrong Legal’s employment law team works with both employers and employees across Queensland. Call us on 1300 038 223 or send an online enquiry. Our team are here to help.