Notice · Employment & Workplace Relations
Notice to employees of computer and AI-enabled workplace monitoring (NSW and ACT, with Victorian notes)
Written notice and policy summary for computer, camera and tracking surveillance, including AI analytics of email, chat, keystrokes and productivity data, drafted to meet NSW and ACT notice rules.
- Kind
- Notice. A formal notice to serve or publish.
- Where it applies
- New South Wales, Australian Capital Territory, Victoria
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use before an employer starts or changes workplace surveillance, including turning on AI analytics in existing systems. Give it at least 14 days before monitoring starts. It does not authorise covert surveillance, which in NSW needs a covert surveillance authority issued by a Judge of the Local Court.
How AI may be used
AI can draft the notice from a systems inventory, but the inventory must come from the client's IT team and a lawyer must check the notice against each state's surveillance law and any consultation obligations.
AI may
- Turn the IT team's inventory of monitoring tools into the table in section 2.
- Compare the draft against the statutory notice content list for each state and flag missing items.
- Draft the covering email and the employee FAQ.
AI must not
- Must not describe a monitoring practice that IT has not confirmed exists or will exist.
- Must not suggest that consent in the contract replaces the statutory notice.
- Must not be used to analyse individual employees' monitoring data for discipline without a lawyer's review.
The lawyer checks
- The notice covers every system with surveillance or analytics features, including AI features recently switched on.
- Notice is given at least 14 days before monitoring starts (or before a new employee starts work).
- Consultation under the enterprise agreement or award and WHS law has occurred before the change.
- Use and disclosure of surveillance records is limited to the purposes stated.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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