Australian workplace regulations
Need comments from this Forum’s members that are familiar with Australian regulations, namely the Workplace Surveillance Act 2005 (the “NSW Act” which applies to NSW employees) and the Workplace Privacy Act 2011 (the “ACT Act” which applies to Canberra employees).
During an investigation, I interview employees involved in allegations and confront them with evidence (typically, emails they sent or received).
I have a case where one employee in NSW and another in ACT are involved in allegations, and it appears that because the two regulations lack clarity in the definition of “surveillance”, I cannot present specific emails to those employees and seek an explanation as part of the investigation. As a side note, there also seems to be a debate (within Australia) as to whether historical stored records (such as eDiscovery records – deemed data at rest) constitute surveillance.
Comments from Australian members familiar with these issues or who have faced similar cases in their consulting investigations will be appreciated.