---
title: "Map employee-monitoring duties under the APPs, Fair Work Act and state surveillance law"
url: "https://ailawframework.com/practice/privacy-data-protection-and-cyber/map-employee-monitoring-and-workplace-surveillance-duties/australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A25-T1-R12-AU"
practice_area: "Privacy, Data Protection & Cyber"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["AU"]
last_reviewed: "2026-09-23"
---

# Map employee-monitoring duties under the APPs, Fair Work Act and state surveillance law

> List the state surveillance, APP employee-records and Fair Work Act rules the lawyer has named and the notice or consent steps taken, and draft a monitoring policy.

Canonical page: https://ailawframework.com/practice/privacy-data-protection-and-cyber/map-employee-monitoring-and-workplace-surveillance-duties/australia  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Privacy, Data Protection & Cyber](https://ailawframework.com/practice/privacy-data-protection-and-cyber.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List the state surveillance, APP employee-records and Fair Work Act rules the lawyer has named and the notice or consent steps taken, and draft a monitoring policy. |
| What the lawyer must review | Do not apply the s 7B(3) exemption to applicants, contractors or unrelated monitoring Apply each state Act (Vic SDA 1999, NSW WSA 2005, SA SDA 2016) Check employee scoring against ADM rules (December 2026) and discrimination law now Confirm notices meet APP 5 Treat dismissal advice as Red |
| Written for | Australia |
| Applies to | [Map employee-monitoring and workplace-surveillance duties](https://ailawframework.com/practice/privacy-data-protection-and-cyber/map-employee-monitoring-and-workplace-surveillance-duties.md) |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope.
- What the lawyer does: Set the scope, verify the evidence, resolve exceptions and approve the final output for its intended use.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Suggested checking approach based on the task guidance. Complete the assessment for the actual tool, information and jurisdiction.
- Why: The plan reflects the described work and review requirements. Policy colours are not used to determine permission or checking.

## Checks the lawyer makes

1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
2. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
3. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
4. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
5. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Notes

- Confirm the required checking with the responsible lawyer before work starts. The checking approach does not establish permission to use AI.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*