NSW Compliance • Workplace • CCTV
Can Your Employer Legally Watch You on Camera at Work in NSW?
If you're comparing your options, see our commercial CCTV installation in Sydney for a free site assessment and fixed-price quote.
Yes — but with strict rules. The Workplace Surveillance Act 2005 (NSW) allows employers to use CCTV but requires visible cameras, entrance signage, 14 days written notice to employees, and absolute prohibition in toilets, bathrooms, and change rooms. Non-compliance penalty: up to $55,000. Here’s what NSW businesses need to do to stay compliant.
Primary sources: Australian Privacy Principles · Fair Work Ombudsman.
What the Workplace Surveillance Act 2005 Covers
The Act applies to any NSW business premises where employees work. "Camera surveillance" includes any camera used to monitor or record employee activity in the workplace. It covers CCTV, webcams, body cameras, and dashcams used to monitor drivers. It does NOT cover cameras used exclusively for security purposes when no employees are present (e.g. after-hours-only CCTV in an empty warehouse).
The 14-Day Notice Rule
Before activating any workplace camera, the employer must give employees at least 14 days written notice (or shorter if the employee agrees in writing). The notice must specify:
- That camera surveillance will be carried out
- When it will start
- Whether it will be continuous or intermittent
- How the footage will be used
New employees must receive notice before starting. If camera coverage changes (new cameras, new areas), fresh notice is required.
Signage Requirements
Visible signage must be displayed at every entrance to any area where camera surveillance is carried out. The signs must be clearly readable and indicate that surveillance is in operation. There is no prescribed exact wording, but the sign must clearly communicate the fact of surveillance.
Standard wording: "CCTV surveillance is in operation at this workplace. Images are recorded for security and workplace safety purposes."
Where Cameras Are Completely Prohibited
Cameras cannot be installed in:
- Toilets
- Bathrooms and shower areas
- Change rooms / locker rooms
There are no exceptions. An employer cannot install cameras in these areas under any circumstance — not even with employee consent. Violation is a criminal offence under the Act.
Covert Surveillance — When Is It Legal?
Covert (hidden) camera surveillance of employees is almost never legal under the NSW Act. The only exception: a covert surveillance authority issued by a Magistrate, typically in connection with suspected criminal activity. This is extremely rare in practice. For standard commercial CCTV: all cameras must be visible and disclosed.
How Professional Installation Helps With Compliance
Need compliant workplace CCTV across Sydney?
SRS installs Workplace Surveillance Act 2005-compliant systems for Sydney workplaces — proper signage, secure footage retention, documented chain of custody. Licensed installer, ML 000108002.
Get a Free Site Assessment →A licensed installer ensures your commercial CCTV setup is compliant from day one:
- Cameras positioned in appropriate locations (never in prohibited areas)
- All cameras clearly visible (no covert placement)
- Signage provided and installed at every entrance
- Camera locations documented for your employee notice letters
- System configured video-only (no audio recording without consent under the Surveillance Devices Act 2007)
SRS provides a written camera location plan and draft employee notice template as part of every commercial CCTV installation in Sydney.
Frequently Asked Questions
Can my employer watch me on camera at work in NSW?
Yes — if they comply with the Workplace Surveillance Act 2005. Cameras must be clearly visible, signage at every entrance, 14 days written notice to employees, and no cameras in toilets, bathrooms, or change rooms. Non-compliance penalty: up to $55,000.
Does my employer need to tell me about CCTV cameras at work?
Yes — at least 14 days written notice before surveillance begins (or shorter if you agree in writing). The notice must state when surveillance starts, whether it's continuous, and how footage will be used. New employees must receive notice before their first day.
Can my employer install hidden cameras at work in NSW?
Almost never. Covert surveillance requires a Magistrate-issued covert surveillance authority — typically only for suspected criminal activity. For standard commercial CCTV, all cameras must be visible and disclosed to employees. Hidden cameras at work without a court order are illegal.
Can cameras be installed in the staff room or kitchen at work?
Yes — as long as they comply with the Act (visible, signage, 14-day notice). Staff rooms and kitchens are not prohibited areas. Only toilets, bathrooms, and change rooms are completely off-limits.
What is the penalty for non-compliance with the Workplace Surveillance Act?
Up to $55,000 per offence. The Act is enforced by SafeWork NSW and the NSW Industrial Relations Commission. Employees can also bring complaints to the IRC for orders compelling the employer to comply.
Does the Workplace Surveillance Act apply to small businesses?
Yes — there is no business-size exemption. If you employ even one person and use camera surveillance at the workplace, the Act applies in full. Sole traders with no employees are not covered (there's no employer-employee relationship to regulate).
Need compliant commercial CCTV for your workplace?
SRS installs workplace-compliant CCTV across Sydney — visible cameras, compliant signage, camera location plans, and employee notice templates included.