In a workplace environment that is becoming increasingly vulnerable to the use of personal technology, it is imperative for employers and employees to know, understand, and implement proper procedural guidelines for the use of recording devices during management and/or disciplinary meetings between employees and employers. In the event that you are faced with these particular issues and concerns, please contact the offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 780 770.

1. HOW TO MANAGE EMPLOYEES USING
THEIR PERSONAL DEVICES TO RECORD
DIALOGUE IN THE WORKPLACE
Presented By Owen Hodge Lawyers

2. OVERVIEW
• Introduction
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• Surveillance Devices Act of 1999 and 2007
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• What employers need to know about investigating employees?
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• Protective measures
• Workplace meeting
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• Get the help from us

3. INTRODUCTION

4. In a workplace environment that is becoming increasingly vulnerable to the use of
personal technology, it is imperative for employers and employees to know, understand,
and implement proper procedural guidelines for the use of recording devices during
management and/or disciplinary meetings between employees and employers.

5. SURVEILLANCE DEVICES ACT
OF 1999 AND 2007

6. Under the Surveillance Devices Act of 1999
and 2007, it is prohibited for an employee
or an employer to record a management or
disciplinary meeting.
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Such conversations per section 11(1) of the
1999 Devices Act prohibits the knowing
communication or publication of a private
conversation between two participating
parties.

7. The exceptions to this rule are as follows
per section 11(2):
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(a) a communication or publication made with
both parties’ consent
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(b) a communication or publication that is no
more than is reasonably necessary to protect
the public interest, or for the protection of the
lawful interests of the person making it; or
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(c) a communication or publication in the
course of legal proceedings or disciplinary
proceedings
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(ca) a communication or publication of
protected information; or

8. In the absence of these specific
waivers, the recording of any
business discussion,
transaction, or meeting,
without the express consent of
all parties involved, is legally
prohibited.

9. WHAT EMPLOYERS NEED TO KNOW
ABOUT INVESTIGATING EMPLOYEES?
—— PROTECTIVE MEASURES ——

10. Employers should consider taking the following protective measures when meeting with
employees regarding sensitive business issues or disciplinary issues:

11. RULE 1:
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Require that all employees leave their
mobile devices in a locked drawer in their
desk, or their personal office space, during
the course of employment meetings.
RULE 1I:
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All procedures and policies regarding the
use of personal mobile devices in the work
place should be clearly outlined within the
employment guidelines and personnel and
human resources procedural manuals.
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12. RULE III:
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Give prior notice to any employee who will
be required to attend an employment
meeting and allow for a third party recording,
pursuant to the consent of all parties, be
made during the course of the conversation.
A verified copy of the third party recording
will then be supplied to all participating
parties.

13. WHAT EMPLOYERS NEED TO KNOW
ABOUT INVESTIGATING EMPLOYEES?
—— WORKPLACE MEETING ——

14. Employees should consider that upon
receipt of notice of a meeting regarding
sensitive work place issues to request:
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1)The opportunity to have employment
counsel present
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2) A request that the participants of the
meeting consent to a third party recording, in
the same vein as that described statement
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3) For the employees’ same legal protection.

15. GET THE HELP FROM US

16. In the event that you are faced with these particular issues and concerns,
please contact the offices of Owen Hodge Lawyers. At Owen Hodge, we
are always happy to assist clients in understanding the full ramifications of
any and all of your legal needs.
!
1800 780 770
!
ohl@owenhodge.com.au