Hi Renata – Our employer is installing security cameras in work areas. Given our site layout, cameras for the purpose of security should only be required in storage areas and entry/exit points. Our employer says that the new cameras will be used for incident investigation purposes.
With stress and burnout already an issue in our workplace due to workloads and management culture, we are concerned that these cameras will exacerbate the issue. We also do not trust that these cameras won’t be used for purposes other than security. What legal framework is there for and against the installation of cameras in workspaces?
You asked about the laws surrounding surveillance in a workplace. In short, if your employer wants to install security cameras, and those cameras are not in prohibited spaces (e.g. toilets, changerooms, lactation rooms) then there aren’t any laws that prohibit this course of action.
That being said, you are right to identify that OHS issues may be enlivened by such a decision. The OHS implications of surveillance was the focus of our 2025 HSR conference and you may find the information discussed at the conference to be useful.
Workplace surveillance in Victoria is regulated under the Surveillance Devices Act 1999 and the Privacy and Data Protection Act 2014, with reforms underway to address modern technologies and employee privacy. In their current forms, these Acts provide little protection to workers. In May 2025 The Parliamentary Inquiry into Workplace Surveillance recommended strengthening legislation to require employers to develop surveillance policy and ensure human oversight. In November 2025 they committed to supporting those recommendations in principle but has yet to .
In NSW this year amendments to the WHS Act introduced specific duties on employers to make sure that digital work systems are safe and without risks to health. We wrote an article about it several weeks ago, accessible here. Whilst not Victorian law, it may be useful in terms of arguing “state of knowledge” around the implementation of such technology. WorkSafe defines state of knowledge as “the knowledge that the duty-holder has, or ought reasonably to have, about a hazard or risk and about the ways of eliminating or reducing the hazard or risk”. You may note that this is very similar to what a person knows or ought reasonably to know in s.20 of the OHS Act when determining what controls are reasonably practicable.
You identified psychosocial health risks around the proposed surveillance – the new Psychological Regulations and the Compliance Code: Psychological health explicitly mentions surveillance. On page 37 of the Code it states:
When considering the use of surveillance devices, employers must consult with employees and any HSRs before installation. OHS Act s35
To reduce the risk of these devices causing harm, employers also need to (our bold):
- consider other laws, such as those relating to privacy and surveillance
- place devices in appropriate locations
- develop clear process for accessing, storing and using the information gathered
- engage in ongoing communication with employees.
The use of the words “needs to” is interesting. The Code very specifically says these words indicate “a recommended course of action in accordance with duties and obligations under Victoria’s health and safety legislation”. Similarly, the word ‘must’, when referencing consultation obligations, indicates a legal requirement that has to be complied with
The Code also identifies surveillance as a potential contributor to, or element of, psychosocial hazards such as high job demands, bullying, low job control and poor organisational justice. See for example, under the heading High Job Demands:
Tasks or jobs with… long periods of heightened attention looking for infrequent events, prolonged surveillance or watchfulness (my bold)
And under low job control (and in several other places) -
If using surveillance devices, develop policies and procedures before installation that make clear:
- the purpose of the surveillance, including how and when it is being used
- how employees and any HSRs will be consulted
- what data will be captured
- how long data will be stored
- who will have access to data
You can find information about the hazards associated with high work demands at WorkSafe’s High and low job demands and in their High job demands fact sheet, as well as at Safe Work Australia’s Job demands page.
Workplace surveillance is a current hot topic in the OHS world, with various unions working through the impact of surveillance their respective industries. We encourage you to contact your union directly – this issue is an area where your union can provide guidance, advice and ongoing support to negotiate a safe and reasonable outcome.
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!