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  3. 10. General
  4. 10.13 The video taping or recording of departmental staff
  5. Key steps
  6. 1. Implement actions when staff are video taped or audio recorded while performing work duties

1. Implement actions when staff are video taped or audio recorded while performing work duties

This procedure aims to provide the staff of the department with guidance about an appropriate response to being videoed or audio taped, and minimising the risk of inappropriate recordings of staff being publicised.

Departmental employees can be the subject of video or audio taping. People have the right to record a private conversation to which they are a part of, however, they are not allowed to communicate or publish any part of the recording to any person (except in accordance with the Child Protection Act 1999 or the Invasion of Privacy Act 1971).   

There is no current legislation that allows the department to prohibit anyone from recording (video or audio) a conversation to which they are a party. In the absence of a legislative framework, the department has adopted a risk-based approach to this issue and has developed procedures for:

  • how staff should respond when being audio or video recorded in the workplace
  • how staff should respond if they become aware of inappropriate recordings (video or audio) of themselves or other members of staff.

1.1 Video taped or audio recorded - in the workplace

A staff member confronted with being video taped or audio recorded while in the workplace (for example, CSSC, RIS or other departmental office) will:

  • respectfully advise the client that you will get your manager to assist with the matter - remember that you are being recorded and could be on camera
  • immediately alert your manager/supervisor to the video or audio recording and clear the immediate area of other staff and other unauthorised individuals
  • have the manager or delegate provide the client with the following information, prior to any further discussion occurring:
    • the Child Protection Act 1999 contains provisions to ensure the confidentiality of information is maintained
    • circulating or placing video or audio footage which identifies a child, in an accessible public place or on the Internet, is a breach of the confidentiality provisions of the Child Protection Act 1999
    • committing an offence under the Child Protection Act 1999 could result in the person being liable for prosecution and punishment by way of fine or imprisonment
  • if the individual chooses to continue recording, ensure the discussion occurs in an appropriate setting, for example, an interview room in the CSSC or RIS
  • identify appropriate staff members (approved by the CSSC manager) to attend the discussion/interview if being recorded - do not attend the interview alone
  • continue the conversation in accordance with the Zero tolerance of workplace aggression policy and the information contained in the Expect respect - we do brochure.

1.2 Video taped or audio recorded - outside of the workplace

A staff member confronted with being video taped or audio recorded while performing work duties, but outside of the workplace, for example, during a home visit, will either:

  • remove yourself from the situation immediately and contact the manager/supervisor to inform them of the situation, if there are any concerns about continuing the discussion or interview
  • advise the client of the information outlined above, prior to continuing with the interview, in accordance with the policy on 'Zero tolerance of workplace aggression' and the information contained in the 'Expect respect - we do' brochure, where the decision is made to continue the interview.

Following an incident of video taping or audio recording, the staff member will:

  • immediately record the incident and the events that occurred, including the warning provided regarding the confidentiality provisions under the Child Protection Act 1999, in a case note in ICMS
  • contact Communications to alert them of the existence of the video or audio footage - Communications keep a central risk-management register, however, does not have the authority to demand copies or withdrawal of the footage or audio from the public domain.