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As of October 2005, the New South
Wales Workplace Surveillance Act
2005 came into force. Under this Act,
employers do not have unrestricted rights to
monitor the computers, and therefore emails, of
employees.
The Act regulates employer surveillance of
employees at work, including video surveillance
and computer surveillance (eg Internet and
email use). Workplace surveillance can only be
carried out if the employer has notified
employees in writing at least 14 days before
surveillance is to commence. An employee can
agree to a lesser period, however.
The Act also requires employers to implement
a Computer Policy and ensure all employees have
a reasonable understanding of it. The
policy can restrict access to certain websites
or block certain emails, and may also prevent
delivery of emails. However employers cannot
block websites or emails merely because they
relate to industrial matters or union activity,
and employees must be notified of this blockage
within a reasonable time frame. Exemptions to
this include online material and emails that
are spam, offensive, unauthorised etc.
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