GPS tracking laws in Australia

You might be tempted to pop a GPS tracker in your teen's backpack to see where they're off to, or your husband’s car if you suspect he’s cheating. While it might seem like a good idea to track someone without their permission, it can land you in some serious hot water if you get caught. The bottom line is that GPS trackers are completely legal—but only if the person being tracked is aware and consenting.

If you’re a delivery driver, your boss might want to keep tabs on you to make sure you’re sticking to a schedule. GPS tracking of company-owned vehicles is legal, but your employer should give you adequate notice. For most states in Australia, it's about two weeks. 

Your employer should also give you a vehicle tracking policy to sign. This should detail how the vehicle will be tracked, what type of data will be collected, how this data will benefit the company, and what measures will be taken to protect it. 

Surveillance regulations across states vary. Despite the finer details, they all advocate for the employee's consent. GPS tracking laws in the ACT, NSW, and the NT follow much of the same principles. They stipulate that employees must be given at least 14 days' notice (in writing) before any surveillance commences. You could be issued a lesser period of notice if you agree. NSW businesses that track their employees without their knowledge can face up to $5,000 fines per offence. 

In WA, tracking employees without their consent can result in a fine of up to $50,000. For individuals, you’ll have to cough up $5,000 and/or face 12 months in jail. In Victoria, failure to comply with surveillance laws can bring fines of up to $180,000 for businesses or $37,000 for individuals, plus jail time. In South Australia, breaching surveillance laws can mean up to 3 years imprisonment and a $15,000 fine. There are currently no regulations on GPS tracking in Queensland or Tasmania.

It's perfectly legal to keep tabs on your little ones, especially if they just started walking to and from school. That said, you should still talk to them about the purpose GPS trackers serve, and how they can help in case of an emergency. Many trackers also have an SOS button, providing a lifeline in case something goes wrong. 

If your child is older, it’s worth having a conversation about privacy and autonomy, while still emphasising the importance of safety. Even though GPS tracking your children is legal, it should be used as a teaching opportunity. Especially with teens, it's important to use safe and respectful methods of tracking without compromising their autonomy and trust. 

The bottom line is that GPS tracking is completely legal, as long as the person knows they’re being tracked and has consented. For company-issued vehicles, employees should be given at least 14 days written notice, and a policy detailing the finer details of the surveillance.