Table of Contents
Terms of reference
Participants
Submissions
1. INTRODUCTION
OVERVIEW
THE COMMISSION'S REFERENCE
The terms of reference
The scope of the reference
The conduct of the reference
Issues Paper and Report
THE STRUCTURE OF THIS ISSUES PAPER
2. WHAT IS SURVEILLANCE?
INTRODUCTION
TYPES OF SURVEILLANCE
Aural surveillance
Visual surveillance
Other types of surveillance
Audio-visual surveillance
Tracking devices
Computer surveillance
USES OF SURVEILLANCE
Covert surveillance
Law enforcement
Private investigators
Media
Workplace
Overt surveillance
POLICY ISSUES
Arguments against surveillance
Privacy considerations
Other considerations
Justification for surveillance
Law enforcement
Public safety and efficiency
Employer interests
Protection of private property
Conclusions: the policy issues
3. REGULATION OF SURVEILLANCE IN AUSTRALIA
INTRODUCTION
INTERNATIONAL BACKGROUND
International Covenant on Civil and Political Rights
OECD Guidelines
European Community Directive 1995
NEW SOUTH WALES
Commonwealth/New South Wales areas of overlap
Areas without regulation
4. VISUAL SURVEILLANCE
COVERT VISUAL SURVEILLANCE: A NOTE
OVERT VISUAL SURVEILLANCE
Introduction
Justifying visual surveillance
The case against visual surveillance
Privacy
Effectiveness of CCTV systems
REGULATION OF OVERT VISUAL SURVEILLANCE
Regulation by codes of practice
Areas for legislative standards
Public and private places
Other matters
Penalties for breach
Exemptions
5. SURVEILLANCE AND THE LISTENING DEVICES ACT 1984 (NSW)
BACKGROUND TO THE LISTENING DEVICES ACT
OPERATION OF THE LISTENING DEVICES ACT
Definition of surveillance
Definition of listening device
Use of the legislation
SCOPE OF THE LISTENING DEVICES ACT
Offences for which a warrant may be sought
Who may grant an application for a warrant
Grounds for determining whether a warrant may be granted
Contents of an application for a warrant
What a warrant authorises
Entry to premises
Who is authorised to use the device
Emergency warrants
Period of time the warrant can be in force
Reporting procedures
Annual report requirements
What should an annual report on listening devices include?
Suggested changes
Notification and disclosure of surveillance to individuals who have been under surveillance
Destruction of records created following use of a listening device
WHAT THE LISTENING DEVICES ACT DOES NOT COVER
Installation/repair/maintenance of device
Retrieval
Use of electricity to power the device
No definition of visual, signal or tracking surveillance devices
Protection of legal professional privilege
6. VISUAL SURVEILLANCE IN THE WORKPLACE
INTRODUCTION
Balancing competing interests in the workplace
REVIEW OF WORKPLACE SURVEILLANCE IN NEW SOUTH WALES
Privacy Committee Report
Working Party Report
THE COMMISSION'S REFERENCE
Limitations of the Working Party recommendations
TENTATIVE CONCLUSIONS
APPENDIX A: ELECTRONIC SURVEILLANCE: CURRENT AUSTRALIAN LEGISLATION AND GUIDELINES
