Body worn video
Body worn video (BWV) is now being used by SafeWork NSW Inspectors as part of their operational equipment.
Inspectors are legally allowed to use BWV to record when entering a workplace using their powers under the Work Health and Safety Act 2011, if they have the opinion that there is a significant risk of harm to themselves or another person and the device is prominently attached to the Inspector’s clothing.
On this page
Why BWV is necessary
Inspectors often work alone and in isolated and remote locations where there is a risk of threatening behaviour, violence and aggression. SafeWork NSW has no tolerance of these behaviours and is committed to the health and safety of its workers.
Why SafeWork Inspectors are now allowed to wear BWV
A recent amendment to the Surveillance Devices Regulation 2022 has authorised the use of BWV by Inspectors.
How BWV is used
BWV is used to:
- proactively deter violent and aggressive behaviours and mitigate the risk of violence and aggression to Inspectors, and
- gather evidence to enable an appropriate enforcement response when incidents of this nature occur.
Inspectors will always identify themselves when entering a workplace or premises and the BWV will be worn prominently.
BWV remains on stand-by mode and will only record when activated by the SafeWork NSW Inspector because, in their opinion, there is a significant risk of harm to themselves or another person.
Is BWV lawful
Yes. BWV can be lawfully used to make recordings by a Inspector who is exercising powers under the Work Health and Safety Act 2011 or the Explosives Act 2003.
BWV must be prominently attached to the Inspector’s clothing and the Inspector must form the opinion that there is a significant risk of harm to them or another person under clause 6C of the Surveillance Devices Regulation 2022.
Privacy
Some people may be concerned about Inspectors recording incidents using BWV. At SafeWork NSW we take this very seriously. It is our obligation to securely store and manage information it obtains from lawful activities. All BWV recordings will be processed and managed in line with relevant policies and procedures.
What if I ask not to be recorded
Inspectors are legally allowed to record even if a person asks not to be recorded when:
- exercising powers under the WHS Act or the Explosives Act, and
- the BWV is prominently attached to the Inspector’s clothing, and
- in the Inspector’s opinion, there is a significant risk of harm to the inspector or another person.
Why we collect your personal information
This information is collected to:
- deter offences against Inspectors
- to assist in the investigation of offences against Inspectors and to gather evidence in order to enable an appropriate enforcement response when incidents of this nature occur
- support regulatory and enforcement functions under work health and safety legislation
- enhance transparency, accuracy, and accountability in our interactions
- gather evidence in relation to workplace incidents, breaches or investigations.
What kinds of personal information is collected
Personal and health information may be recorded including:
- a person’s image and voice
- details of the workplace or incident
- other identifiable features such as name badges, licence plates or visible documents.
How long is information kept
We will only keep information for as long as we need it to fulfil the purposes, we collected it for. After this, the information will be disposed of securely in accordance with the State Records Act 1998 and any other applicable legislation.
See our Privacy management plan for more information about how we handle your personal information.
How secure is the BWV footage
There are measures in place to help protect personal information from loss, unauthorised access, use, modification, disclosure or other misuse. The data will be managed in accordance with relevant legislation, policy and procedures.
What can the BWV footage be used for
It may be used where required or authorised by law, including:
- for investigation or enforcement purposes
- in legal proceedings, or to respond to complaints or right to information requests.
Who information may be shared with
Where SafeWork NSW is permitted, authorised, or required to disclose information in accordance with legal requirements or a law of the State or Commonwealth, measures will be taken to minimise the unnecessary disclosure of personal information.
The information may be disclosed to:
- other Government agencies (whether a NSW agency, an agency of another State or Territory or an agency of the Commonwealth) or law enforcement bodies (for example, NSW Police), where authorised or required by law.
- courts or tribunals, if relevant to legal proceedings.
Can information be provided to NSW Police
The NSW Police may exercise their powers to compel disclosure of any BWV recordings and will separately assess and determine whether they may use the BWV recordings to support any investigation/prosecutions they undertake relating to other offences committed against Inspectors.
Failure to provide information
Under the WHS Act, you are legally required to comply with an Inspector’s request for information and provide reasonable assistance. If you choose not to provide information or cooperate, SafeWork NSW may be limited in its ability to assess compliance or investigate incidents. However, recordings may still be made in accordance with our legal functions.
Requesting access to information
You have a right to seek access to certain government information, including BWV, under the Government Information (Public Access) Act 2009 (GIPA Act).
You can make a formal access application for information held by SafeWork NSW using our online application form. Visit the Right to information page for more about requesting access to information held by SafeWork NSW.
Contact us
Contact SafeWork NSW by calling 13 10 50 or submit an online enquiry. You can also write to us at Locked Bag 2906 Lisarow NSW 2252.