Workplace Surveillance Regulation 2022 (2022-405) (NSW)

Workplace Surveillance Regulation 2022

Part 1 Preliminary

1 Name of Regulation This Regulation is the Workplace Surveillance Regulation 2022.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Workplace Surveillance Regulation 2017, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions (1) In this Regulation— the Act means the Workplace Surveillance Act 2005.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) In this Regulation, a reference to a form is a reference to the form of that title set out in Schedule 1.

4 Forms (1) For the Act, section 23(3), an application to a Magistrate for a covert surveillance authority must be in Form 1. (2) For the Act, section 28(1), a covert surveillance authority must be in Form 2. (3) For the Act, section 31(3), an application to a Magistrate to vary a covert surveillance authority must be in Form 3. (4) For the Act, section 31(3), an application to a Magistrate to cancel a covert surveillance authority must be in Form 4. (5) For the Act, section 35(3), a report on the use of a covert surveillance authority must be in Form 5. (6) For the Act, section 41, an application to a judicial member of the Industrial Relations Commission to issue a covert surveillance authority must be in Form 6. (7) For the Act, section 41, an application to a judicial member of the Industrial Relations Commission to vary a covert surveillance authority must be in Form 7. (8) For the Act, section 41, an application to a judicial member of the Industrial Relations Commission to cancel a covert surveillance authority must be in Form 8.