GPS Tracking
Laws & Regulation
Australia

Compliance is simple – just be transparent with your team

GPS Tracking Laws - What you need to know

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We want to ensure you get started on the right foot by understanding the basics of GPS tracking compliance in Australia.

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!

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Legal Disclaimer

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

ANYTRACK 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. ANYTRACK 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.

In 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.

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Consent - The Main Objective

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:

GPS Tracking Laws by State

Across Australia’s states and territories, the legal provisions for using GPS trackers are tailored to balance operational efficiency and individual privacy rights. Awareness of local legislation is essential for those employing these technologies – whether for personal use, fleet tracking, asset management, or employee surveillance – to avoid potential legal pitfalls.

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NSW

New South Wales has some of the strictest GPS tracking laws under the Workplace Surveillance Act 2007 (NSW).

  • Employers must provide written notice at least 14 days before surveillance begins.
  • The written notice must include:
    – The type of tracking (e.g., GPS tracking)
    – How the tracking will be conducted
    – The duration of the tracking
  • Employers and employees can agree to a shorter notice period, but it must be in writing.
  • Covert surveillance (i.e., tracking without notifying employees) is illegal, with fines of up to $5,000 per offence.


If you are in NSW, transparency is essential – employers must clearly communicate tracking details and ensure employees acknowledge the notice.

ACT

The ACT follows laws similar to NSW under the Workplace Privacy Act 2011 (ACT).

  • Employers must provide prior notice before implementing tracking.
  • The law focuses on transparency—employers must ensure that employees understand the nature of the tracking.
  • Failure to comply can result in fines of $5,000 per offence.

NT

The Surveillance Devices Act 2007 (NT) governs tracking in the Northern Territory.

  • Like NSW and the ACT, consent is required for GPS tracking.
  • Employers must ensure employees are fully aware of the tracking device’s purpose and function.


While penalties aren’t explicitly defined in the law, failure to obtain consent could result in legal consequences under privacy laws.

WA

Western Australia has some of the harshest penalties for illegal GPS tracking under the Surveillance Devices Act 1998 (WA).

  • Employers must obtain active consent before tracking employees.
  • Simply notifying employees isn’t enough—they must agree to the tracking.
  • Failing to comply can result in:
    – Fines of up to $50,000 for businesses
    – $5,000 fines and/or 12 months in jail for individuals who conduct unauthorised tracking


WA has some of the strictest penalties in Australia, making it critical for businesses to secure explicit written consent before using GPS trackers.

VIC

Victoria’s laws fall under the Surveillance Devices Act 1999 (VIC).

  • Businesses must obtain consent from employees before installing tracking devices in company vehicles.
  • Employers who fail to comply can face:
    – Fines of over $230,000 (1200 penalty units) for businesses
    – Fines of up to $37,000 or two years in prison for individuals


Employers should ensure that tracking policies are documented and signed by employees to prevent legal risks.

SA

South Australia enforces the Surveillance Devices Act 2016 (SA), emphasising transparency.

  • Businesses must inform employees about GPS tracking and obtain consent.
  • Breaching SA’s tracking laws can lead to:
    – Fines of up to $15,000
    – Three years imprisonment for serious violations


Transparency and documentation are essential for businesses operating in SA.

QLD & TAS

Queensland and Tasmania do not have specific laws governing GPS tracking.

  • Without dedicated regulations, businesses in QLD and TAS have more flexibility when implementing tracking.
  • However, following best practices—such as obtaining consent—is still recommended to avoid potential privacy disputes.


Although no laws explicitly prohibit GPS tracking, ethical considerations and transparency should guide employer policies.

Your Next Steps?

Questions?

Contact us today to see how we can help with your tracking requirements!