GPS Tracking Laws in Australia: Your Rights & Responsibilities

GPS tracking is one of the most beneficial tools that Australian businesses have utilised over the past decade. Assisting with everything from monitoring fleets and improving safety to reducing operational costs and giving peace of mind, this innovative GPS tracking technology is a game-changer.

For all its benefits, though, business owners need to be aware of the GPS tracking laws in Australia and how they can impact their everyday operations. Even if you’re not intentionally misusing it, doing so can lead to legal consequences, damage your business’s reputation, and break trust with your employees.

To ensure your business complies with the law, Overwatch Tracking has created this go-to guide that covers everything you need to know. We explain the state and federal laws, how to obtain consent from your staff, and the simple steps to follow to ensure your business uses GPS tracking lawfully and respectfully. Read on to keep your business compliant.

Is GPS tracking legal in Australia?

Yes, GPS tracking is legal in Australia, but there are regulations governing its use. As a user of a GPS tracking device, especially within a business, you need to be aware of the privacy, surveillance, and consent concerns surrounding the use of GPS tracking.

Although you’re technically permitted to track your business operations and employees with a GPS device, you must have informed consent to do so. You also need a legitimate reason to track their movements. And most importantly, as an employer, you should be as transparent as possible about how your business plans to use GPS tracking.

Australia has several legislations that impact how your business can use a GPS device, including the Workplace Surveillance Act, the Fair Work Act, and the Privacy Act. These laws are in place to protect individuals from unauthorised or covert monitoring. So, it’s up to you as a business owner to understand your rights and responsibilities.

State-by-State GPS Tracking Tracking Laws in Australia

Each state has its own unique approach to governing GPS tracking use, so it’s important to know the specific regulations in your state.

For businesses that operate across state and territory borders, this also means learning the laws in each location you travel to.

Here’s a quick rundown of what each state and territory requires for consent, the relevant legislation, and how you can lawfully use a GPS device.

New South Wales

In NSW, the Workplace Surveillance Act 2005 governs GPS tracking in the workplace. As an employer, you must provide written notice at least 14 days before you start surveillance.

Sometimes, a shorter notice period is permitted, as long as your employee agrees in writing. But for new employees, you must issue notice before their employment begins, especially if tracking is already in place. The notice must state:

• The type of surveillance (camera, computer, tracking, etc.)
• How your business will use GPS tracking and its data
• When the tracking will begin
• Whether it’s continuous or intermittent

Employers can provide written notice through email or formal policies. If you plan to track a vehicle or object, a visible notice must be displayed on it. Penalties for non-compliance or covert surveillance can attract fines of up to $16,500 per offence.

Victoria

The Surveillance Devices Act 1999 applies in Victoria and dictates the law on GPS tracking. According to the Act, it’s illegal to install, use or maintain a tracking device without express or implied consent from the person you plan on tracking, or consent from the person in lawful control of the vehicle or item.

As with other states, your business must have documented consent before installing any GPS tracking device. If you’re in breach of the Act, penalties include up to $180,000 for businesses, and up to $37,000 and/or two years imprisonment for individuals.

Western Australia

WA enforces GPS tracking laws through the Surveillance Devices Act 1998, which stipulates that you must have consent before using tracking devices. The Act defines a tracking device as any equipment that determines the geographical location of a person or object, so it can vary quite a bit.

Current penalties are up to $50,000 for businesses and up to $5,000 and/or 12 months imprisonment for individuals. Most importantly, any director knowingly authorising illegal tracking may be personally liable.

South Australia

In SA, the Surveillance Devices Act 2016 outlines the rules for GPS tracking. The Act states that businesses must inform employees and obtain their express of implied consent before installing tracking devices.

Penalties for corporations are up to $75,000, and individuals face up to $15,000 or three years’ imprisonment for non-compliance.

Australian Capital Territory

The Workplace Privacy Act 2011 regulates workplace surveillance in the ACT. It states that employers must provide their staff with written notice at least 14 days before surveillance starts, with notice delivered through a formal policy or document. The written notice must outline:

• The type of device used
• How you’ll conduct surveillance
• Who you’ll be monitoring
• The start date
• Whether surveillance is continuous or intermittent
• The purpose of the data collection and use
• Right to consultation for employees

In some cases, workers can agree to a shorter notice period. But for new employees, you must notify them before they commence work if you’re already using surveillance. Non-compliance can result in fines of up to $5,000 per offence.

Northern Territory

The NT enforces GPS tracking through the Surveillance Devices Act 2007. Under the Act, you’re allowed to track an employee or individual only if you have consent. And employers must let their staff know about GPS tracking before they implement it. Non-compliance can result in fines of up to $68,750 and/or imprisonment for up to two years.

Queensland and Tasmania

At the moment, QLD and Tasmania don’t have any specific legislation around GPS tracking devices. However, as an employer, you should still follow best practice, including gaining consent and being transparent about how you use GPS. As a safeguard, you should also keep detailed records and incorporate GPS usage into your workplace policies.

When Do You Need Consent to Track Someone With GPS?

The most important element of following the GPS tracking laws in Australia is consent. And whether you’re a business owner managing a fleet or someone wanting to monitor a vehicle, you must have the consent of the person you’re tracking to do so legally. Without it, you may be operating illegally, which can result in fines and other legal consequences. But most importantly, you risk losing the trust of your employees and anyone else you track.

How Businesses Can Gain Consent

Planning to track your employees? You must provide clear and informed notice before taking any action. This is true for all types, including GPS systems, company vehicles, smartphones, and any other form of tracking device. As a business, you must:

• Provide written notice to your employees that outlines the type of surveillance you plan to conduct. It should include information about whether the tracking is continuous or intermittent, the devices you’ll use, and the reasons for tracking them.
• Have a legitimate reason for tracking, such as:
  • Ensuring driver and public safety
  • Improving route efficiency
  • Reducing fuel costs
  • Verifying time and attendance of employees
  • Locating lost or stolen assets
• Get your employee’s consent. In most states, express or implied consent is required before you can start tracking.
• Ensure any consent you get from employers is:
  • Informed: Your employees should understand what data you’re collecting and how you plan on using it.
  • Voluntary: It’s free from coercion and done at their own free will.
  • Documented: Include consent information in their employment contract or a separate GPS tracking policy.

How an Individual Can Gain Consent

Even when you’re using a GPS tracker for personal reasons, consent is just as important. You can’t legally place a tracking device on someone else’s vehicle or personal belongings without their knowledge and agreement, no matter how justified you feel doing it. This includes instances like tracking a partner’s car, installing a device on your roommate’s vehicle, or using a GPS tracker on a car  without telling anyone else who might drive it.

Without consent, you’re likely violating GPS tracking laws in Australia and potentially even stalking someone. The penalties for both of these can be severe, including fines and criminal charges. However, there are some exceptions to these, including:

• Parents or legal guardians who might want to track their minor children for safety. However, you should still consider any ethical concerns associated with this.
• You may have implied consent in situations where you’re tracking someone who is aware and doesn’t object to it, such as using a company vehicle under a known GPS policy.

Regardless, having definitive consent is always the best approach. You’ll avoid the grey areas and keep everyone in the loop about your surveillance plans.

Can You Track Someone Without Their Knowledge?

Covert GPS surveillance is a pretty big no-no in Australia, and our laws are clear and strict regarding it. Tracking another person, whether it’s a partner, employee, stranger, or even a family member, without their knowledge or consent is almost always illegal. And doing so means you’re potentially violating multiple laws, with serious consequences.

Even if you’re not tracking someone maliciously, such as out of concern for their safety, it’s still wrong. And tracking without consent or knowledge can constitute:

• A criminal offence under surveillance device laws
• Stalking or intimidation, particularly in domestic or relationship contexts
• An invasion of privacy, which could result in civil claims or damages
• Breach of trust, which can impact your business’s reputation

So, before you consider using a GPS device to track someone, always obtain their clear and informed consent. Still feel unsure about whether you need consent? We recommend speaking to a legal professional. When it comes to GPS tracking laws in Australia, it’s always better to be on the safe side than to risk legal trouble.

How to Stay Compliant With GPS Tracking Laws in Australia

As a business owner, compliance is the most effective way to operate transparently. And usually, it’s as simple as implementing a procedure to cover you. To ensure you align with GPS tracking laws in Australia and respect your employees’ rights, your business must take these steps.

Notify Your Employees in Writing

At least 14 days before you start GPS surveillance, give your employees written notice. In states and territories where it’s required by law, including NSW and ACT, this is critical. The notice should be clear, detailed, and outline the type of surveillance that will occur, how it will be conducted, when it will begin, and the reasons you’re doing it.

As well as being legally necessary, it also helps you build trust in the workplace and reduce the risk of any misunderstanding between you and your staff.

Have a Clear GPS Surveillance Policy

Create a formal GPS tracking policy that explains what you’re monitoring, why you’re doing it, and what you plan on doing with the data. Once you have it, you can share it with your staff so that everyone has access to the policy and understands it.

You should also include information about employee rights, including how they can raise questions or lodge complaints, as well as your company’s specific obligations under relevant privacy and surveillance legislation. For the most comprehensive approach, include this policy in the employee handbook or during onboarding so that everyone is informed as soon as they start at your company.

Get Express Consent Where Needed

In most states, express or implied consent is a legal requirement. Express consent refers to consent that’s given openly and honestly.

To align with best practice, you should obtain written consent, as this provides clear evidence of the agreement and reduces the risk of future disputes or legal challenges. Once they’re signed, you should store the consent forms along with other HR or administrative records.

Provide Secure and Limited Access to Data

You also need to store any tracking data from your GPS tracker securely, in compliance with Australian Privacy Principles (APPs). And most importantly, it should only be accessible to authorised personnel.

To keep it secure, use safeguards such as password protection, encryption, and limited user permissions to prevent location data from being misused or accessed permission. You should retain the data for as long as necessary and ensure it’s only used for its intended business purpose.

Avoid Personal Tracking

Workplace surveillance isn’t about tracking the personal movements of your staff, so make sure your GPS system is only tracking company vehicles or devices. Most importantly, tracking should only happen during work hours and in relation to relevant job duties.

Do your employees use company vehicles or mobile devices outside of work hours? Configure the tracking system so that it deactivates or pauses when they’re not at work.

Use Reliable GPS Technology

You should only ever use GPS tracking platforms with solid privacy settings, customisable tracking schedules, and secure data storage. Working with reputable providers, like Overwatch Tracking, means your surveillance tech aligns with legal and compliance requirements, giving you and your employees peace of mind.

Curious how this tech actually works behind the scenes? Here’s a quick breakdown of GPS surveillance and why it’s changing how businesses secure their vehicles.

Tips for Advising Your Staff About GPS Usage and Consent

Does your business plan on using GPS tracking for fleets and staff? You’ll need to advise your staff of its use with a written notice so you’re operating transparently and lawfully. Here’s what to include in a written notice for your staff:

The type of surveillance

Example: “GPS vehicle telematics tracking surveillance”

How you’ll carry it out

Example: “Via the Overwatch telematics platform, which monitors speed, location, driving behaviour, and idle time”

Who is being tracked

Example: “Any employee operating a company vehicle or using a company-issued phone”

Start date of surveillance

Example: “[Specific date] or employee start date”

Whether the surveillance is continuous

Example: “Continuous monitoring during vehicle operation”

Whether it’s ongoing or time-limited

Example: “Ongoing for the duration of employment or during set work hours”

Purpose of tracking

Example: “To ensure driver safety, optimise routing, verify hours, save fuel costs, and improve our service delivery”

Employee consultation rights

Example: “Employees can raise questions or concerns with management or [specific person]”

Express consent clause

Example: “By signing below, I consent to GPS tracking as described above”