COBAR SHIRE COUNCIL WORKPLACE SURVEILLANCE POLICY FILE:P5-90
Table of Contents POLICY STATEMENT... 3 INTRODUCTION 3 POLICY RESPONSIBILITIES 4 DEFINITIONS.. 5 REASONS AND REQUIREMENTS FOR SURVEILLANCE... 6 NOTICE OF SURVEILLANCE. 7 NOTIFICATION OF EMPLOYEES.. 8 THE INTRODUCTION OF ADDITIONAL WORKPLACE SURVEILLANCE IN THE FUTURE...... 8 USE AND DISCLOSURE OF SURVEILLANCE INFORMATION...8 RECORDKEEPING, CONFIDENTIALITY AND PRIVACY....9 VARIATION OF POLICY 9 REVIEW OF POLICY...9 Cobar Shire Council Workplace Surveillance Policy Adopted by Manex April 2014 File:P5-90 Page 2
1. POLICY STATEMENT Cobar Shire Council (the Council) is committed to meeting its statutory obligations under the Workplace Surveillance Act 2005 (the Act). This policy, in conjunction with Council s Email and Internet Usage Policy, represents formal notification to employees about activities that fall within the statutory definitions of surveillance. This policy will detail instances of activity by the Council that are covered by the surveillance provisions: camera surveillance; computer surveillance; communication surveillance, security surveillance and tracking surveillance. Council will also comply with the legal requirements of the Act where surveillance is prohibited. These are contained in Part 3 of the Act (sections 15 to 18) and cover: a. a prohibition on surveillance in any change room, toilet facility, shower or other bathing facility at the workplace; b. a prohibition on surveillance when the employee is not at work except in cases of computer surveillance where the employee is using equipment and/or resources supplied by the Council. If staff connect to the Council via a private computer, such surveillance shall be restricted to Council equipment only; c. a prohibition on blocking the delivery of emails unless notice (prevented delivery notice) has been given to the employee; or where the incoming communication is perceived to be spam or a threat to the security of the Council s systems; or contains potentially menacing, harassing or offensive material; and d. a prohibition on preventing delivery of an email or access to a website merely because it has been sent by or on behalf of an industrial organisation of employees or contains information about industrial matters. 2. INTRODUCTION Council recognises its obligations to ensure, where reasonably practicable, a safe and healthy workplace for its employees and others. The use of certain surveillance devices has the potential to deter vandalism or a possible assailant and reduce the safety risks associated with employees and others. The use of certain surveillance devices also allows for the monitoring of inputs and outputs of data to manage the risks associated with non-compliance of Council s Code of Conduct. The use of certain surveillance devices also assists management to optimise performance, improve efficiency and improve customer service. Cobar Shire Council Workplace Surveillance Policy Adopted by Manex April 2014 File:P5-90 Page 3
The provision and use of tracking devices allows Council to identify the geographical location of a worker, if they are in need of emergency assistance. 3. POLICY RESPONSIBILITIES Responsibilities of Council Council is committed to ensure that the surveillance activities which it undertakes are in accordance with the Act. To assist in doing this, Council will: Adopt a policy for workplace surveillance Appoint a committee of staff to monitor and implement the Workplace Surveillance Policy Responsibilities of the Workplace Surveillance Committee The Workplace Surveillance Committee is comprised of the following persons: Director Engineering Services or delegate Director Corporate and Community Services or delegate Director Planning and Environmental Services or delegate Human Resources Officer Records Officer Special Projects Officer Chair of Council s Consultative Committee The Workplace Surveillance Committee has the following responsibilities: To oversee the initial policy implementation, training and notification To annually (or when changes to the Act or Regulation occur) meet and review the policy to ensure currency and implementation To ensure that appropriate signage is placed in accordance with the requirements of the Act Responsibilities of specific officers of Council HR Officer The HR Officer is jointly responsible with the employee s supervisory/management team for ensuring that all new Council employees are made aware of the policy and are provided any notification required by this policy. The HR Officer is responsible for developing and implementing a training strategy for the application of this policy. Managers/Directors Cobar Shire Council Workplace Surveillance Policy Adopted by Manex April 2014 File:P5-90 Page 4
The Manager operationally responsible for the vehicle or equipment will be responsible for overseeing the implementation of any camera surveillance and/or tracking surveillance devices in Council. The Director Corporate and Community Services is responsible for overseeing the implementation of any computer, communication or security surveillance measures in Council. These above managers/directors will ensure that: Workplace surveillance is carried out in accordance with this policy Appropriate notification is given for all workplace surveillance Appropriate confidential records are kept General Manager, Directors and Managers All members of the management team are responsible for: complying with this policy notifying the General Manager of suspected breaches of the policy Responsible Officer The Human Resources Officer is responsible for the Workplace Surveillance Policy. These responsibilities include: Providing a point of contact for anyone wanting information or advice about the meaning and application of the policy Receiving complaints/grievances or reports of possible breaches of this policy Investigating these complaints/grievances Enforcing policy compliance and reporting any findings to the Workplace Surveillance Committee Any breaches of the policy will be reported in the first instance to the Workplace Surveillance Committee and then to the General Manager. 4. DEFINITIONS The following definitions apply to this policy: CCTV Closed circuit television an optical surveillance device Surveillance of an employee (Section 3 of the Act) means surveillance of any employee by any of the following means: Cobar Shire Council Workplace Surveillance Policy Adopted by Manex April 2014 File:P5-90 Page 5
a. camera surveillance which is surveillance by means of a camera that monitors or records visual images of activities on Council premises or in any other place including public places b. computer surveillance which is surveillance by means of software or other equipment that monitors or records the information input or output or other use of a computer (including, but not limited to, the sending and receipt of emails, the accessing of internet websites and mobile phones) c. tracking surveillance which is surveillance by means of an electronic device the primary purpose of which is to monitor or record geographical location or movement (such as Global Positioning System tracking device). The Act The Workplace Surveillance Act 2005 5. REASONS AND REQUIREMENTS FOR SURVEILLANCE 5(i) Reasons for camera surveillance Council may require designated areas to be under camera surveillance for operational, security and/or protection/safety reasons. 5(ii) Requirements for camera surveillance Cameras will be placed so that they are visible to people in a workplace. Council s CCTV cameras which operate in public places, as defined under the Local Government Act (1993), are inclusive in this policy. Surveillance will not be carried out in change rooms, toilets, showers or other bathing locations. Where Council intends to introduce surveillance cameras, employees working in the designated area or areas shall be advised in writing or by email fourteen (14) days prior to its commencement, by their supervisors in accordance with the Act. Where camera surveillance is proposed for safety reasons, such as remote work sites or hazardous work activities, Council shall consult with the relevant employees before commencing camera surveillance. Council will put in place visible signs informing people who enter or leave a workplace that camera surveillance is being carried out. The signs will state words to the effect of:- Closed Circuit Television Cameras are in 24 hour operation in this building, complex or property or public space. 5(iii) Reasons for computer surveillance Cobar Shire Council Workplace Surveillance Policy Adopted by Manex April 2014 File:P5-90 Page 6
Computer resources are provided for business purposes related to an employee s position. However, reasonable personal use is permitted in accordance with Council s Email and Internet Usage Policy for Council Staff. Computer surveillance is used for the general security of Council property or assets for the protection of Council related information and to ensure that Council s computer resources are not misused. Minimum conditions apply to employees when using Council s computer resources and these are detailed in the Email and Internet Usage Policy for Council staff which includes, but is not limited to, internet and email usage. 5(iv) Reasons for tracking surveillance Tracking devices come in many forms and can be fixed (i.e. to a vehicle) or handheld. The devices can be used by Council to provide operational and/or safety information related to the exercise of a function of Council. 5(v) Requirements for tracking surveillance Council will install visible signs in all vehicles fitted with tracking devices to inform all vehicle users that surveillance tracking is being carried out. 6. NOTICE OF SURVEILLANCE Section 10 (4) of the Act requires organisations to meet the following five elements relating to the provision of prior notice in writing to employees. They are as follows: 6(i) The kind of surveillance to be carried out Camera, computer and tracking surveillance will be carried out by Council. 6(ii) How the surveillance will be carried out Council will use overt cameras, email filters, internet monitoring software and devices, and tracking devices and any other similar surveillance methods permitted by the Act that Council deems appropriate from time to time. 6(iii) When surveillance under this policy will commence Surveillance under the Act and reflected in the policy is effective 14 days after the day this policy is distributed to affected employees. 6(iv) If the surveillance is continuous or intermittent The surveillance will be a combination of both continuous and intermittent, dependent upon the means of surveillance being used. 6(v) If the surveillance is to be for a specified limited period or ongoing The various means of surveillance covered by this policy will be ongoing. Cobar Shire Council Workplace Surveillance Policy Adopted by Manex April 2014 File:P5-90 Page 7
7. NOTIFICATION OF EMPLOYEES Notification to employees of this policy will be in writing or by email which constitutes notice in writing for the purpose of complying with the Act. Existing employees of Council shall be notified of the installation and intent of surveillance measures through the dissemination of this policy. Workers yet to commence with Council shall be given notification of this Surveillance Policy as part of their offer of employment. By accepting employment with Council the employee will be consenting to the conduct of surveillance in accordance with this policy, immediately upon the commencement of employment with Council. There is an exception to official notification in circumstances where employees have agreed to the carrying out of surveillance for purposes other than the surveillance of employees. This situation would cover, for example, security cameras that are placed in public places, such as the library, lobbies, corridors, courtyards, car parks or lifts, for the safety of residents/ratepayers. 8. THE INTRODUCTION OF ADDITIONAL WORKPLACE SURVEILLANCE IN THE FUTURE The introduction of additional cameras is the responsibility of the Director Planning and Environmental Services and must be implemented in accordance with Section 5(i) and 5(ii) and Section 7 of this policy. The introduction of new or upgraded software or computers is the responsibility of the Director Corporate and Community Services. Any new or upgraded software or computers will not require staff notification unless the new or upgraded software or computers is for a purpose other than that specified in Section 5(iii) of this policy. The introduction of new or additional tracking devices is the responsibility of the Manager operationally responsible for the vehicle or equipment in which the tracking devices are located. That Manager must implement the devices in accordance with Section 5(iv), 5(v) and Section 7 of this policy. 9. USE AND DISCLOSURE OF SURVEILLANCE INFORMATION Surveillance information means information obtained, recorded, monitored or observed as a consequence of surveillance in a workplace. Surveillance information will only be used/disclosed for legitimate employment/business purpose or in connection with suspected corruption, illegal activity, maladministration, misuse of Council resources and imminent threat of serious violence to persons or substantial damage to property, in accordance with Section 18 of the Act. Cobar Shire Council Workplace Surveillance Policy Adopted by Manex April 2014 File:P5-90 Page 8
Whilst information obtained from surveillance devices will not be used for this sole purpose, it may be used by Council as part of investigations for disciplinary purposes and as evidence during any disciplinary interviews in compliance with the disciplinary procedures within the relevant industrial award. Other than identified responsible Managers as outlined in this policy, surveillance records will not generally be made available to Managers, Directors or Mayor unless a valid request (as outlined above) for access and use of surveillance records is submitted. Such a request must be submitted to the General Manager for approval. The application will be discussed with the Workplace Surveillance Committee. 10. RECORDKEEPING, CONFIDENTIALITY AND PRIVACY All managers responsible for records resulting from cameras, computers and tracking surveillance equipment covered by this policy must store the confidential information in accordance with direction from the Records Officer. 11. VARIATION OF POLICY Council reserves the right to review, vary or rescind the provisions of this policy. 12. REVIEW OF POLICY This policy will be reviewed in two years time or as required by a change in legislation or other reasons. Cobar Shire Council Workplace Surveillance Policy Adopted by Manex April 2014 File:P5-90 Page 9
Amendment List No. Date Adopted Responsible Date Commenced 1 30 04 2014 Manex 01 06 2014 Cobar Shire Council Workplace Surveillance Policy Adopted by Manex April 2014 File:P5-90 Page 10