The way employers monitor workers has changed significantly over the past decade — and Victorian law has not kept pace. In July 2026, the Victorian Government announced plans to introduce what it described as the toughest workplace surveillance protection laws in Australia, covering areas from employee notification and biometric data collection to AI-driven monitoring and automated decision-making. The legislation is still being drafted, and whether it passes before the November 2026 state election remains uncertain. For IT, HR and operations teams in Victoria, the announcement is a signal worth acting on — not to overhaul current practices immediately, but to understand what is in use, what employees have been told, and where gaps may exist before any legislative obligations arrive.

Why workplace surveillance regulation has become urgent in Victoria

Remote and hybrid work arrangements have driven demand for monitoring tools that were not widely used — or even available — in most workplaces a decade ago. Software that records keystrokes, captures screenshots, tracks login times, monitors application usage, and logs website visits is now commercially available and increasingly in use. Employers are also beginning to apply artificial intelligence to process that data at scale — analysing behavioural patterns, assessing sentiment, and generating conclusions about individual performance or conduct.

Victoria's laws have not kept pace. The state's primary legislation in this area, the Surveillance Devices Act 1999 (Vic), was enacted at a time when workplace monitoring was largely limited to physical cameras and telephone interception. While Part 2A of the Act explicitly restricts optical and listening surveillance in specific workplace areas — including toilets, washrooms, change rooms, and lactation rooms — its broader definitions remain too narrow to capture most forms of modern workplace monitoring. As the Victorian Parliament's Economy and Infrastructure Committee concluded in its May 2025 report, most instances of modern workplace surveillance do not fall within the Act's scope at all. Digital monitoring of the kind now routinely deployed — PC surveillance, remote work software monitoring, AI-driven analysis — was not contemplated when the Act was drafted.

The parliamentary inquiry

In 2024, the Economy and Infrastructure Committee of the Victorian Legislative Assembly commenced a formal inquiry into workplace surveillance. The inquiry received submissions from a wide range of stakeholders — including the Office of the Victorian Information Commissioner (OVIC), unions, legal experts, and academics — and examined the adequacy of existing laws against the backdrop of rapidly evolving surveillance technology.

The Committee's report, tabled in May 2025, made 29 findings and 18 recommendations. Its central conclusion was that Victorian workers were increasingly subjected to surveillance they were often unaware of, and that the state's legal framework was failing to keep pace. The report called for the introduction of dedicated, technology-neutral workplace surveillance legislation — along with reforms to Victoria's privacy laws — to address the gaps.

In January 2026, the Victorian Government announced its in-principle support for 15 of the 18 recommendations. In July 2026, then-Premier Jacinta Allan formally announced the government's intention to introduce what it described as the toughest workplace surveillance protection laws in the country.

Key Requirements Under Victoria's Proposed Workplace Surveillance Laws

The following reflects the key elements of the proposed legislation as announced by the Victorian Government in July 2026. The final form of any legislation may differ.

Transparency and prior notice

The proposed laws would require employers to notify workers before conducting workplace surveillance. Employees would have the right to know when they are being monitored, how surveillance is being carried out, and for what purpose. Then-Premier Jacinta Allan framed the intent directly: "No Victorian should be watched at work without knowing about it."

The Committee's report, which informed the government's announcement, recommended that employers be required to give 14 days' written notice before introducing surveillance, specifying the methods, scope, timing and purpose, and how the data collected will be used and stored.

Consultation before changes are introduced

Employers would be required to consult with employees before introducing or changing surveillance practices in the workplace. This goes beyond simple notification — it contemplates a process of engagement before surveillance commences or is modified.

Limits on biometric data collection

The proposed laws would restrict the collection and use of biometric data — including fingerprints, facial scans and similar identifying information — to circumstances where there is a legitimate purpose that cannot be achieved through less intrusive means. The use of biometric data to assess emotions would also be subject to restrictions.

Limits on AI-driven Monitoring and Automated Decision-Making

The use of artificial intelligence to track personal characteristics without a clear legitimate business purpose would be prohibited. The government specifically cited examples such as tracking bathroom breaks, physical characteristics, or pregnancy status as conduct the proposed laws are designed to prevent.

Protections against discriminatory use of surveillance data

The proposed laws would increase protections against the use of workplace surveillance data — including AI-generated data — to discriminate against workers based on protected attributes such as race, gender, sexuality or religion.

Access to surveillance data and human review of automated decisions

Workers would have the right to access data collected about them through workplace monitoring. Where significant decisions affecting a worker's employment are made using automated surveillance systems, the proposed laws would require that a person with delegated authority review the decision before it takes effect.

What remains uncertain

The proposed laws have not yet been introduced into Parliament. The Victorian state election is scheduled for November 2026, and it is not clear whether legislation will be passed before then. The Opposition has not yet stated its position on the reforms. Employers operating in Victoria should monitor developments through official government channels as the legislation progresses.

What employers in Victoria should be thinking about now

The proposed legislation has not yet passed. However, the direction of reform is clear, and the time between now and any legislative change is an opportunity for employers to review their current practices — not as a compliance exercise, but as a practical step toward understanding where gaps may exist.

1. Take stock of what monitoring tools are currently in use

Many organisations have accumulated surveillance and monitoring tools over time — particularly since the acceleration of remote work from 2020 onwards — without a complete picture of what is being used, by whom, and for what purpose. An internal audit covering PC monitoring software, email and communication monitoring, GPS or location tracking, biometric access systems, and AI-driven productivity tools provides the factual basis needed to assess exposure under any incoming framework.

Tools introduced quickly during the pandemic period in particular may not have been subject to a thorough legal or privacy review at the time of adoption.

2. Review what employees have been told about monitoring

The proposed laws centre on transparency — the right of employees to know when, how, and why they are being monitored. Employers should review what employees have actually been told about the monitoring that is currently in place, including whether that information was provided at the time the monitoring commenced, whether it was communicated clearly, and whether it remains accurate given any changes to the tools or practices used since.

Where monitoring has been introduced without adequate employee communication, addressing that gap now — before any legislative obligation exists — is both prudent and consistent with existing obligations under privacy law and employment contracts.

3. Pay particular attention to biometric data and AI monitoring tools

The proposed laws signal the strongest restrictions in the areas of biometric data collection and AI-driven monitoring. Employers who currently use fingerprint scanners, facial recognition, emotion detection software, or AI tools that track behavioural patterns or personal characteristics should consider whether the use of those tools is proportionate to the business purpose they serve — and whether less intrusive alternatives are available.

This category of monitoring carries the greatest regulatory risk under the proposed framework and has also attracted the most public attention in the government's announcement.

4. Monitor the legislative process and maintain awareness of related obligations

The Victorian state election is scheduled for November 2026. Whether the proposed legislation passes before or after the election, or at all, will depend on factors that remain uncertain. Employers should track developments through the Victorian Government's official channels and the Office of the Victorian Information Commissioner (OVIC).

In the interim, existing obligations remain in force. These include obligations under the Surveillance Devices Act 1999 (Vic), the Privacy and Data Protection Act 2014 (Vic) for public sector employers, the federal Privacy Act 1988 where applicable, and general employment law obligations relating to transparency and fair dealing with employees. Where the interaction between these obligations and an employer's current monitoring practices is uncertain, advice from an employment lawyer is the most reliable next step.

Victoria's workplace surveillance laws have not changed in any substantive way since 2006. The proposed reforms represent a significant shift in how employee monitoring will be regulated — one that reflects both the scale of change in monitoring technology over the past decade and the sustained pressure from workers, unions, and the parliamentary inquiry process to address it.

The legislation has not yet passed, and its final form remains uncertain. What is clear is the direction: greater transparency, stronger limits on biometric and AI-driven monitoring, and new rights for employees to know how and why they are being watched. Employers who take the time now to understand their current monitoring footprint will be better placed to respond — whatever form the final legislation takes.

For advice on how existing obligations apply to current monitoring practices, or to assess exposure under the proposed framework, consult an employment lawyer or contact the OVIC.

Official sources:

• Victorian Government — Workplace surveillance

• Victorian Parliament — Economy and Infrastructure Committee, Inquiry into workplace surveillance (May 2025)

• Victorian Legislation — Surveillance Devices Act 1999 (Vic)

• Office of the Victorian Information Commissioner

Last updated: August 2026