GPS TRACKING and MONITORING DISCLOSURE

NOTE: The following information is general in nature and not intended to be legal or professional advice. Individuals and companies are encouraged to seek legal advice from a qualified practitioner for their individual situation.

The rules and regulations surrounding disclosure of an asset being remotely tracked and/or monitored vary across all states and territories. It is the employer and vehicle owner’s responsibility to ensure they monitor relevant state and federal legislation which may very depending upon the employment, driver’s residency or vehicles operating area.

Quiktrak recommend disclosing the use of any in vehicle tracking or monitoring solution to all occupants of users of the asset. This can be accomplished through verbal or written notice that the asset is fitted with a tracking or monitoring solution.

Hints and tips for implementing GPS tracking and monitoring solutions

Implementation of GPS tracking and monitoring solutions in your business can raise several concerns from employee’s, management and business owners surrounding how the solutions are used and the requirement under state and federal legislation. The below check list can be used to ensure a smooth transition into enhancing your business with Quiktrak solutions.

Please note this is in addition to the legislation requirements.

• Outline the objectives for using a Quiktrak solution within the business and document where possible to be included in existing or new company policies/procedures.

• Investigate the relevant legislations surrounding the use of a solution to ensure all disclosure requirements are met. These may include notice periods and other specific requirements prior to implementation. Consult a qualified professional should you have any concerns or questions.

• Review the possible risks of implementing the use of a Quiktrak solution on the business, its personnel and their privacy and establish how these will be addressed.

• Encourage open dialogue with impacted staff to ensure they understand the application of the solution, its use and how it may impact them. All impacted staff are encouraged to sign or acknowledge the discussion and implementation of the Quiktrak solutions.

• Use a written notice within the asset in a visible location to advise the operator of the system being utilised. This can also act as a deterrent to opportunity theft or vandalism.

Education and clearly defined usage of a Quiktrak system can provide benefits not only to the business but also to the staff. Quiktrak solutions can help improve their safety, productivity and provide clearly documented evidence to support responsible and safe business practices.

WESTERN AUSTRALIA

It is the employers/Owner’s responsibility to investigate the WA state legislation http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/wa/consol_act/sda1998210/

SOUTH AUSTRALIA

It is the employers/Owner’s responsibility to investigate the SA state legislation https://www.legislation.sa.gov.au/LZ/C/A/SURVEILLANCE%20DEVICES%20ACT%202016/CURRENT/2016.2.AUTH.PDF

VICTORIA

It is the employers/Owner’s responsibility to investigate the VIC state legislation http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/1E2771BDA319F88FCA256E5B00213D87/$FILE/99-021a.pdf

TASMANIA

It is the employers/Owner’s responsibility to investigate the TAS state legislation No current legislation has been found during our search.

NEW SOUTH WALES

It is the employers/Owner’s responsibility to investigate the NSW state legislation https://www.legislation.nsw.gov.au/inforce/cda3e2c0-0fd3-6065-e243-e81a43c4fdb2/2005-47.pdf

QUEENSLAND

It is the employers/Owner’s responsibility to investigate the QLD state legislation No current legislation has been found during our search.

NORTHERN TERITORRY

It is the employers/Owner’s responsibility to investigate the WA state legislation

AUSTRALIAN CAPITAL TERRITORY

It is the employers/Owner’s responsibility to investigate the ACT state legislation http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/act/consol_act/wpa2011203/