Why do employers conduct workplace investigations?

Employers investigate to address misconduct (like theft or drug use), ensure safety compliance, resolve conflicts, and meet their legal duty of care to provide a safe workplace.

Can employers use hidden cameras to spy on staff?

Generally, no. Australian privacy and surveillance laws strictly regulate the use of covert cameras. Using them without proper authority or notice can be a criminal offence and render the evidence inadmissible.

Who is usually investigated in a workplace?

Any employee can be investigated, from entry-level staff to senior management. However, supervisors are often held to higher standards of conduct due to their influence on company culture.

There's an Increasing Amount of Employers Wanting Workplace Investigations. ⋆

Surveillance devices are becoming more common in modern business. From CCTV to digital monitoring, companies use these tools to secure their assets.

However, when surveillance is used to monitor employees, it walks a fine legal line. Whether investigating theft, drug use, or safety breaches, employers must navigate strict privacy laws.

If you suspect misconduct and are considering surveillance, you may need a formal Melbourne workplace investigation to ensure you gather evidence legally.

What is a Workplace Investigation?

A workplace investigation is a formal inquiry where company representatives (or external investigators) gather facts to address a specific allegation.

For minor issues, this might be a chat with a manager. For serious allegations—like sexual harassment or fraud—employers often engage external private investigators to ensure the process is unbiased and legally defensible.

Why Do Employers Investigate?

Employers initiate investigations to protect the business and its people. Common triggers include:

Drugs and Alcohol: If an employee makes a serious error or causes an accident, investigating potential substance abuse is a critical safety duty.
Theft and Fraud: This ranges from pilfering office supplies to the theft of expensive equipment. In these cases, specific Geelong workplace investigations or regional inquiries are often launched to track assets.
Safety Breaches: Investigating “near misses” or unsafe practices in industrial environments.
Conflicts: Addressing bullying, harassment, or whistleblower reports.

The Role of Surveillance: A Legal Warning

Using cameras to “catch” employees is a complex area of law in Australia.

1. Investigating Theft (Covert Surveillance)

Employers may use surveillance to detect dishonesty, such as falsifying records or stealing stock. However, covert (hidden) cameras are highly regulated.

In many states, you cannot install a hidden camera to record employees without a specific legal authority (like a warrant) or under very specific exemptions for protecting property. Always seek advice before hiding a camera.

2. Monitoring Performance (Overt Surveillance)

Can you use cameras to see if staff are working hard enough? Generally, no.

Using surveillance solely to monitor performance (e.g., checking if someone is on social media) can breach trust and privacy laws. Surveillance is best used for security and safety, not micromanagement.

Identifying Safety Risks

This is the most common—and legal—use of workplace cameras. In industrial hubs, such as those requiring workplace investigations in Bendigo, overt cameras are vital.

They help identify:

Hazards in the loading dock.
Employees failing to wear PPE.
Process failures that lead to injury.

In these cases, the footage is used to improve safety conditions, not just to punish staff.

Conclusion

Employees may feel nervous about investigations, but they are a necessary part of maintaining a safe, compliant business. If you are an employer, ensure your process is transparent.

If you are accused of misconduct, you have the right to know the process. Transparency protects everyone.

Considering Surveillance or Investigation?

Do not risk a lawsuit. Jolasers conducts legal, discreet, and professional investigations.

Telephone: 0418 101 164 (Stephen Oliver)

Call Now: 0418 101 164

Service Areas:
Melbourne | Geelong | Bendigo

Common Questions

Is it legal to put hidden cameras in the office?

In Victoria and NSW, generally no. The Surveillance Devices Acts usually prohibit installing optical surveillance devices to record private activities without consent, unless a specific exception applies.

Can I use CCTV for performance reviews?

This is risky. If cameras were installed for “security,” using the footage for “performance management” can be a breach of the Workplace Surveillance Act (depending on your state).

What if an employee admits to theft?

You still need to document the admission formally. Ensure a support person is offered during the interview to validate the confession legally.