In short:
Victorian workers could receive stronger protections from workplace surveillance and artificial intelligence under proposed reforms that would introduce stricter rules around employee monitoring, biometric data and AI-driven workplace decisions.
Hiring Practises and Monitoring Under Review
Victorian workers could gain some of the strongest workplace surveillance protections in Australia under proposed new laws aimed at regulating how employers use artificial intelligence and monitoring technology.
The reforms, announced as an election commitment, would introduce new rules around workplace surveillance, biometric data and the use of AI in employment decisions.
If implemented, employers would be required to tell workers when they are being monitored and consult staff before introducing new surveillance technology or significantly changing how it is used.
The proposal would also require workplace surveillance to be carried out only for a legitimate purpose, with covert surveillance limited to situations where unlawful activity is suspected and subject to strict controls.
The changes would place new limits on the collection and use of biometric data. Under the proposal, biometric information could only be collected where there is no less intrusive alternative.
Breaks and Emotional Analsis in Focus
The use of biometric technology to analyse workers’ emotions would also be restricted, except where there is a legitimate reason, such as fatigue monitoring for truck drivers.
The proposed laws would also prevent employers from using AI or workplace surveillance to monitor matters such as bathroom breaks, a limp or pregnancy unless there is a specific and legitimate purpose.
Artificial intelligence used in hiring, promotions or pay decisions would also face greater oversight. The proposal aims to reduce the risk of biased AI systems influencing employment outcomes, with employers required to ensure automated systems are free from discrimination.
Under the reforms, any significant decision made using surveillance data that affects a worker’s rights would require human review before it takes effect. Workers would also gain the right to access surveillance data that has been used in decisions affecting their employment.
The measures remain an election commitment and would need to be implemented through legislation if adopted following the November state election.
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