SYDNEY, AUSTRALIA — Two of Australia’s most populous states, Victoria and New South Wales, have advanced legislative reforms to regulate workplace surveillance and the use of AI systems in remote work oversight.
These aim to curb excessive digital surveillance in the workplace and ensure that employee well-being is respected, in response to growing concerns that workplace surveillance does more harm than good.
The Victoria State Government Leading Surveillance Reform
Earlier this year, the Victorian Legislative Assembly Economy and Infrastructure Committee submitted a report on workplace surveillance. This details a range of tech-based ways that Australian companies are monitoring their employees and their impact.
Workplace surveillance that is excessive and lacks transparency has been shown to have a negative impact on employees’ morale, job satisfaction, and commitment to their organization. It has also been shown that it can intensify work, adversely affect employees’ mental and physical health, and exacerbate the power imbalance between employers and employees.
— Alisan Marchant, Labor MLC and Committee Chair
The government-led committee advocated for better workplace surveillance laws that demand more reasonable and proportionate monitoring. It’s aimed at workers to be consulted about these practices before they’re deployed, and to be notified at least 14 days in advance before these systems are activated.
NSW’s Work Health and Safety Amendment Bill 2025
In line with this, New South Wales has also introduced the Work Health and Safety Amendment (Digital Work Systems) Bill 2025.
This would impose a duty on employers to ensure that any AI, automation, or platforms used to monitor performance are implemented responsibly. It also grants labor unions the right to inspect digital work systems to assess how they’re used and their impact on workers’ rights.
As digital systems increasingly shape how work is organized, these risks cannot be left unexamined or unmanaged. This proposed duty reflects the reality that harm does not arise from the technology itself but from how digital work systems are designed, deployed, and managed in practice.
— Sophie Cotsis, NSW Minister for Industrial Relations and Work Health and Safety
Why This Matters, Not Only in Australia But Globally
The rise of work-from-home (WFH) arrangements has also given rise to “bossware” or digital tools used to track screentime and performance. While systems like these protect business interests, unions counter that they harm worker safety and dignity.
These reforms aim not to stifle innovation or hinder businesses from operating optimally. Instead, they are meant to ensure that systems are deployed safely.
By imposing these legal obligations, these reforms could help rebuild trust between employers and employees. In the long run, regulated use of AI and monitoring could improve worker acceptance and performance, as accountability would be better defined.
