GPS Tracking Laws in Australia

Welcome to Responsible GPS Tracking

Welcome to the Track My Ride family! We’re excited to help you optimise your fleet management with our GPS tracking solutions.

Before diving into the technical setup, we want to ensure you get started on the right foot by understanding the basics of GPS tracking compliance in Australia. Don’t worry – while there are legal requirements to follow, they’re straightforward and designed to protect both businesses and employees.

The good news? Compliance is simple: just be transparent with your team. When employees know why and how tracking is being used, they typically appreciate the benefits it brings to workplace safety, efficiency, and accountability.

This guide breaks down the requirements in plain language and provides practical steps to ensure your tracking system benefits everyone involved. We’ve included templates and best practices to make compliance as straightforward as possible.

Let’s get started with responsible tracking that builds trust while delivering the insights your business needs!

Legal Disclaimer

The information provided by Track My Ride on this page and in our support documentation is for general informational purposes only regarding GPS vehicle tracking laws in Australia. This information does not constitute legal advice.

Track My Ride is not a law firm and our representatives are not lawyers. We strongly recommend consulting with a qualified legal professional before implementing any vehicle tracking solution.

The use of our products and services should be in compliance with all applicable laws and regulations. Track My Ride assumes no responsibility for actions taken based on the information provided.

Know Your Legal Obligations

The employer, vehicle owner, or operator of a GPS tracking system has the responsibility to monitor relevant state and federal legislation based on the employment, driver’s residency, or vehicle operating location. Each state and territory throughout Australia has different privacy and workplace legislation.

Throughout Australia, it is illegal to track anyone without their knowledge and consent.

This guide provides information about the specific legal requirements in each Australian state and territory to help you implement GPS tracking solutions in compliance with local laws.

Consent – The Key to GPS Vehicle Tracking Laws

The overarching principle across all surveillance legislation is obtaining consent from all parties involved before implementing GPS tracking devices. Depending on legislative requirements, this consent can be:

• Express Consent: Obtained when the employee is explicitly notified about the tracking and actively accepts it (e.g., signing an employment contract or policy document)
• Implied Consent: Can include passive acceptance, such as an employee using a vehicle that clearly displays a notice about GPS tracking

GPS Tracking Laws by State

New South Wales

Under the Workplace Surveillance Act 2005 (NSW):

• Surveillance of an employee must not commence without prior notice in writing
• The notice must be given at least 14 days before surveillance begins
• Employees can agree to a shorter notice period
• For new employees, if surveillance is already in place or will begin less than 14 days after employment starts, notice must be given before the employee starts work
• The written notice must specify:
  • The kind of surveillance to be carried out (camera, computer or tracking)
  • How the surveillance will be carried out
  • When the surveillance will start
  • Whether the surveillance will be continuous or intermittent
  • Whether the surveillance will be for a specified limited period or ongoing
• Notice by email constitutes notice in writing
• Additional requirement for tracking surveillance (Section 13): There must be a notice clearly visible on the vehicle or other thing indicating that it is the subject of tracking surveillance
• Covert surveillance (without proper notification) can result in fines of up to $16,500 per offense (50 penalty units at $330 each)

Victoria

Under the Surveillance Devices Act 1999 (VIC):

• For tracking devices, a person must not install, use, or maintain a tracking device without:
  • Express or implied consent of the person being tracked, or
  • Express or implied consent of the person in lawful possession or control of the object being tracked
• Companies and directors who knowingly authorize violations can face:
  • Fines of up to $396,000 (1200 penalty units at $330 each) for businesses
  • Fines of up to $79,200 (240 penalty units at $330 each) and/or two years imprisonment for individuals
• The company must obtain express or implied consent before installing, using, or maintaining a tracking device in a company vehicle or asset

Western Australia

The Surveillance Devices Act 1998 (WA) imposes strict penalties:

• Express or implied consent must be obtained before tracking
• Tracking devices are defined as “any instrument, apparatus, equipment, or other device capable of being used to determine the geographical location of a person or object”
• Non-compliance can lead to:
  • Fines of up to $50,000 for businesses
  • Fines of up to $5,000 and/or 12 months imprisonment for individuals
• Directors or managers who knowingly permitted illegal tracking may be personally liable under Section 43 of the Act

South Australia

Under the Surveillance Devices Act 2016 (SA):

• Requires businesses to inform employees about GPS tracking and obtain consent
• Section 7 specifies that a person must not knowingly install, use or maintain a tracking device without express or implied consent
• Violations can result in:
  • Fines of up to $75,000 for bodies corporate
  • Fines of up to $15,000 or imprisonment for 3 years for individuals

Australian Capital Territory

Under the Workplace Privacy Act 2011 (ACT):

• Employers must provide written notice at least 14 days before surveillance begins
• Alternatively, workers can agree to a shorter notice period
• New workers must be given notice before they start work if surveillance is already in place
• The written notice must specify:
  • The kind of surveillance device to be used
  • How the surveillance will be conducted
  • Who will regularly or ordinarily be the subject of surveillance
  • When the surveillance will start
  • Whether the surveillance will be continuous or intermittent
  • Whether the surveillance will be for a stated period or ongoing
  • The purpose for which the employer may use and disclose surveillance records
  • That the worker may consult with the employer about the conduct of the surveillance
• The notice may be in the form of a policy or otherwise
• Violations can result in fines of up to $5,000 per offense

Northern Territory

The Surveillance Devices Act 2007 (NT):

• Requires consent for GPS tracking
• Employers must ensure employees are fully aware of tracking
• Violations can result in fines of up to $68,750 and/or two years imprisonment

Queensland & Tasmania

Currently, these states do not have specific legislation governing GPS tracking devices. However:

• Following best practices regarding consent and transparency is still highly recommended
• General state and or federal privacy laws may still apply

Sample Employee Notice Guide

When implementing GPS tracking in your business, providing proper notice to employees is critical for legal compliance. We’ve designed this comprehensive guide to include all elements required across Australian jurisdictions, ensuring your notice meets the highest standards regardless of your location.

Requirements for Written Notice to Employees

1. The surveillance type:
   • Example for vehicles: “GPS vehicle telematics tracking surveillance”
   • Example for mobile phones: “GPS mobile device location tracking surveillance”
2. How the surveillance will be carried out:
   • Example for vehicles: “Via the Track My Ride telematics web portal, monitoring speed, geographical location, harsh braking, sharp acceleration, sharp cornering, continuous driving hours, and engine idling”
   • Example for mobile phones: “Via the Track My Ride mobile application installed on company-issued or personal mobile devices, monitoring geographical location during work hours”
3. Who will be subject to surveillance:
   • Example: “All employees operating company vehicles” or “All field staff”
4. The date the surveillance will commence:
   • Example: “[Specific date – at least 14 days after the notice is given or on the date a new employee starts work]”
5. Whether the surveillance is continuous or intermittent:
   • Example for vehicles: “Continuous monitoring whenever the vehicle is in operation”
   • Example for mobile phones (You can setup a schedule of operation in the app): “Intermittent monitoring during designated work hours only” or “Continuous monitoring during work hours” or “Continuous monitoring while in possession of a company-issued mobile device.”
6. Whether the surveillance will be for a specified limited period or ongoing:
   • Example: “Ongoing for the duration of employment or use of company vehicles/devices”
7. The purpose for which the employer may use and disclose surveillance records:
   • Example: “To improve driver/worker safety, optimise routes, reduce fuel consumption, manage service schedules, verify working hours, respond to customer enquiries about service timing, and for other legitimate business purposes”
8. Employee consultation rights:
   • Example: “Employees may consult with management about the conduct of the surveillance and raise any concerns or questions”
9. Express consent section:
   • Example: “By signing below, I acknowledge that I have read and understood this notice and consent to the GPS tracking as described above.”

Additional Considerations for Mobile Phone Tracking:

• Work vs. Personal Time: Clearly specify if tracking is limited to work hours only. To setup a schedule of active tracking hours, see our support portal
• Personal Devices: If tracking is installed on employees’ personal phones, provide clear information about data privacy, data usage, and how employees can disable tracking during non-work hours. Check our support portal at https://support.trackmyride.com.au for guides on using our mobile phone tracking app
• Data Usage: Specify whether the tracking application uses the employee’s personal data plan and any compensation arrangements. Typically mobile tracking will consume around 1 to 3 MB of data for an 8 hour work day. Depending on distance traveled this may be more or less
• Device Notice: An indicator is shown on the status bar of the mobile phone when tracking is active

Sample GPS Tracking Notification Text

Below is a ready-to-use template you can adapt for your business and send to employees via email or include in your employee handbook:

SUBJECT: Notice of GPS Tracking Implementation
Dear [Employee Name],

I am writing to inform you that [Company Name] will be implementing GPS tracking technology to enhance our operational efficiency and safety.

NOTICE OF GPS TRACKING

This notice is provided in accordance with applicable workplace surveillance laws. Please read this information carefully.

Type of surveillance: 
[CHOOSE ONE OR BOTH: GPS vehicle telematics tracking surveillance / GPS mobile device location tracking surveillance]

How the surveillance will be carried out:
[For vehicle tracking]: Via the Track My Ride telematics system installed in company vehicles, which will monitor geographical location, speed, route information, driving behaviour (harsh braking, acceleration, cornering), idling time, and journey history.
[For mobile tracking]: Via the Track My Ride mobile application installed on [company-provided mobile devices / your personal mobile device with your consent], which will monitor geographical location during work hours.

Who will be subject to surveillance:
[All employees who operate company vehicles / All field staff / Delivery drivers / Specific roles: ___________]

Commencement date:
GPS tracking will commence on [date at least 14 days from this notice].

Nature of surveillance:
[CHOOSE ONE: Continuous monitoring whenever the vehicle is in operation / Intermittent monitoring during designated work hours only / Continuous monitoring during work hours only]

Duration of surveillance:
Ongoing for the duration of your employment or use of company vehicles/devices.

Purpose of surveillance:
The information collected will be used to:
- Improve driver and worker safety
- Optimise routes and reduce travel time
- Reduce fuel consumption and vehicle wear
- Verify working hours and locations
- Respond to customer enquiries about service timing
- Schedule preventative maintenance
- Support staff in emergency situations
- [Add any other specific business purposes]

Access to information:
GPS tracking data will be accessible to [specify roles, e.g., fleet managers, direct supervisors, HR department]. All data will be stored securely and handled in accordance with our privacy policy.

Employee consultation:
You have the right to consult with management about the conduct of this surveillance. If you have any questions or concerns about the implementation of GPS tracking, please contact [Name/Position] at [contact details].

[For mobile tracking on personal devices, add]:
Additional mobile device information:
- Tracking will only be active during your designated working hours [specify hours if applicable, setup of tracking schedule required]
- The application will display a status bar indicator whenever tracking is active
- The application uses approximately 1 to 3 MB of data per day
- [Company Name] will [provide compensation for data usage / not compensate for data usage]
- You can disable the tracking feature outside of work hours by disabling location services or within the app

ACKNOWLEDGMENT AND CONSENT

Please acknowledge receipt of this notice and provide your consent by [replying to this email / signing below / completing the attached form] by [date].

I, _________________________, acknowledge that I have read and understood this notice regarding GPS tracking. I understand why [Company Name] is implementing this system and how the information will be used. I consent to the GPS tracking as described above.

Signature: _________________________   Date: _________________________

Thank you for your cooperation. If you have any questions or concerns, please contact [contact person and details].

Regards,

[Manager Name]
[Position]
[Contact Information]

This template can be customised to suit your specific business needs while ensuring compliance with the legal requirements across Australia.

Important Compliance Notes:

• Notice timing: This notice should be provided in writing at least 14 days before tracking begins (or before a new employee starts work if tracking is already in place)
• Format: Email notice is valid in many jurisdictions, including NSW explicitly
• Express consent: Several states require express or implied consent from the person or the person in control of the object being tracked
• Vehicle/device notice: In addition to the written notice to employees, you must also display a notice or sticker on the vehicle indicating that GPS tracking is in use (specifically required in NSW under Section 13 of the Workplace Surveillance Act). For mobile phone tracking, the Track My Ride application already displays a status bar indicator when tracking is active.
• Stickers provided: Track My Ride provides GPS tracking notice stickers inside the box with all our hardware GPS trackers to help you comply with this requirement for vehicle tracking.
• Shorter notice period: Employees may agree to a shorter notice period, but this agreement should be documented in writing
• Record keeping: Maintain records of all notices provided and consents obtained
• Jurisdiction variations: This notice template includes all elements required across Australian jurisdictions, but you should verify specific requirements for your state or territory

Responsible Tracking Best Practices

At Track My Ride, we strongly believe in and champion responsible tracking:

1. Obtain written consent before installing GPS tracking devices
2. Provide clear notification to employees with required details and adequate notice periods
3. Display visible notices on vehicles indicating they are subject to GPS tracking
4. Document all consent and notifications for record-keeping
5. Develop clear policies outlining the objectives and implementation of tracking
6. Conduct consultations with affected workers and address privacy concerns
7. Provide training on how tracking systems work and how data will be used
8. Ensure tracking is only used for legitimate business purposes

You must disclose to your staff or anyone driving/operating a GPS-tracked vehicle or carrying a GPS-tracked mobile device that you’re using a GPS tracking system. For vehicles, display a notice clearly visible on or in the vehicle, indicating that the vehicle is subject to GPS tracking surveillance. For mobile devices, ensure the tracking application provides clear notification when active (The Track My Ride mobile phone tracking app does). This is also part of our Terms and Conditions.

Track My Ride provides GPS tracking notice stickers inside the box with all our hardware GPS trackers to help you comply with these requirements.

Helpful Links

This is not an exhaustive list of all applicable legislation. Please consult a lawyer for advice specific to your situation when implementing a GPS tracking system.

• NEW SOUTH WALES: Workplace Surveillance Act 2005 (NSW)
• VICTORIA: Surveillance Devices Act 1999 (VIC)
• SOUTH AUSTRALIA: Surveillance Devices Act 2016 (SA)
• AUSTRALIAN CAPITAL TERRITORY: Workplace Privacy Act 2011 (ACT)
• NORTHERN TERRITORY: Surveillance Devices Act 2007 (NT)
• WESTERN AUSTRALIA: Surveillance Devices Act 1998 (WA)