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GPS Tracking Requirements in Australia

GPS Tracking Requirements in Australia

Australia has certain State-based laws regarding the GPS (Global Positioning System) tracking of vehicles, that fleet managers should be aware of. Vehicle tracking by the use of a GPS is considered surveillance under these laws and certain rules need to be followed.

What are the GPS tracking Laws for Australia?

New South Wales (NSW) and Australian Capital Territory (ACT) have enacted specific laws regarding workplace surveillance and privacy. NSW is regulated by the Workplace Surveillance Act 2005 while ACT works under the Workplace Privacy Act 2011.

Under these laws, employers must give employees at least 14 days’ notice before the GPS tracking is to begin.

Six requirements for giving notice

Here are six items that an employer must stipulate in the notice to users, who will drive a vehicle with a telematics tracking system.

  1. The surveillance type
    GPS vehicle telematics
  2. How the surveillance will be carried out
    Via the telematics web portal, monitoring speed, geographical location, harsh braking, sharp acceleration, sharp cornering, continuous driving hours and engine idling
  3. The date the surveillance will commence
    At least 14 days after the notice or on the date a new employee starts work
  4. Whether the surveillance is continuous or intermittent
    Continuous
  5. Whether the surveillance will be for a specified limited period or ongoing
    Ongoing
  6. The purpose for which the employer may use and disclose surveillance records of the surveillance (e.g. if the surveillance records are likely to be used to take adverse action against employees)
    This will depend on the employer’s policy and philosophy for using vehicle telematics

Vehicle signage required

These workplace surveillance laws also require a notice to be clearly displayed on the vehicle to indicate the vehicle is the subject of tracking surveillance.

GPS tracking laws

There are privacy implications for employers utilising vehicle telematics within Australia

Download the free EROAD report on – Getting Compliance Right with the Telematics Tracking Privacy Laws to learn more about:

  • Privacy requirements in Australia
  • Workplace surveillance laws in NSW and ACT
  • What is non-work driving?
  • The enhanced value from a driver facing telematics screen

Get the report