The Australian Government has agreed in principle to require explicit consent for precise geolocation tracking. The legislation has not passed yet. But the direction is unmistakable. Australia GPS consent requirements are coming, and field service companies that track workers by GPS need to prepare now, not after the law changes.
How GPS tracking works in Australia today
Australia has no single national law governing workplace GPS surveillance. New South Wales and the ACT are the only jurisdictions with specific legislation. The NSW Workplace Surveillance Act requires employers to give 14 days written notice before commencing GPS tracking. In other states and territories, GPS monitoring falls under general privacy principles and common law.
This patchwork creates a dangerous illusion. Many employers outside NSW assume that because there is no specific GPS law, they can track freely. That assumption is wrong. General privacy law still applies, and tribunals have ruled against employers who tracked without adequate notice or justification.
Australia GPS consent: what the Privacy Act reform changes
The proposed reform makes precise geolocation a consent-required data category nationwide. This means every field service company in Australia, not just in NSW, will need to obtain documented, informed consent from each employee before activating GPS. The Office of the Australian Information Commissioner will also receive stronger enforcement powers, including higher penalties.
The right to disconnect complication
Under section 333M of the Fair Work Act, employees have the right to refuse employer contact outside rostered hours. If your GPS system continues tracking after the shift ends, an employee could argue that ongoing location monitoring constitutes contact. This creates a second legal exposure on top of the privacy issue.
