Victorian Labor To Introduce Workplace Surveillance Laws Targeting AI And Biometric Monitoring

The Victorian Government has outlined plans to introduce what it describes as the toughest workplace surveillance protection laws in Australia, targeting the use of AI, biometric data collection and automated decision-making by employers.

The proposed legislation would require employers to inform workers when they are being monitored, restrict the collection of biometric data and prevent the use of AI to track personal characteristics such as bathroom breaks, physical conditions or pregnancy without a specific and legitimate purpose.

Biometric data restrictions

Under the proposed laws, employers would only be permitted to collect biometric data when no less intrusive option is available. The use of biometric data to assess emotions would be prohibited unless there is a legitimate operational reason, such as fatigue monitoring for truck drivers.

AI-based tracking of personal behaviours and physical characteristics without a defined and legitimate purpose would also be banned.

The legislation would increase protections against the use of workplace surveillance and AI to discriminate on the basis of race, gender, sexuality, religion or other personal characteristics.

AI in hiring and pay decisions

The government flagged AI bias in recruitment, promotion and pay as a particular area of concern, describing it as one of the most consequential and least visible risks of the AI transition.

The proposed laws would require that whenever AI is used to make decisions affecting workers, those systems must be free from bias or discrimination. The government pointed to AI resume-ranking tools as an example, noting they can systematically disadvantage women and people from diverse backgrounds.

Disclosure and consultation requirements

Employers would be required to tell workers if they are being monitored and to consult staff before introducing new surveillance measures or changing how existing monitoring is used.

Surveillance at work would only be permitted for a legitimate purpose. Covert surveillance would be restricted to cases where unlawful activity is suspected and would be subject to strict controls.

Human oversight of automated decisions

A central element of the proposed framework is a requirement for human review of any significant automated decision made using surveillance data that affects a worker’s rights. The intent is to ensure that algorithms cannot have the final say over decisions affecting a worker’s employment.

Workers would also gain the right to access their own surveillance data when it has been used to make decisions that affect their job.

Government response

Victorian Premier Jacinta Allan framed the legislation as a response to the growing use of technology to monitor workers without their knowledge.

“No Victorian should be watched at work without knowing about it,” Allan commented.

“I am sickened by the idea that a pregnant woman’s bathroom breaks or emotions could be tracked, logged and used against her or her colleagues in a salary decision. We cannot allow discrimination to sneak back into the workplace via AI.”

Victorian Minister for Industrial Relations Jaclyn Symes described the laws as putting workers back in control of their own information.

“Every worker has the right to know when, why and how they’re being watched on the job – these laws make sure of it,” Symes added.

The proposed legislation has not yet been introduced to parliament. A timeline for its introduction has not been confirmed.

Last Updated on July 20, 2026 by Nick Ross