The idea of using a GPS tracker to monitor your vehicles might seem straightforward, but when those vehicles are used by employees or other individuals, legal considerations come into play.
GPS tracking is widely used by businesses to improve efficiency, enhance security, and manage fleets—but is it legal to track someone using these devices?
The short answer is yes—but with strict conditions.
GPS tracking laws in Australia vary by state, and different regions impose different requirements.
Most states mandate consent before tracking an individual, and some impose severe penalties for failing to comply with surveillance laws.
In this article, we’ll break down Australian GPS tracking laws by state, explain key legal requirements, and highlight best practices to ensure compliance.
Yes, businesses can legally use GPS tracking, but there are important exceptions and obligations to consider.
The Importance of Consent
Regardless of the state, one fundamental legal principle governs GPS tracking: consent.
Employers must inform employees that they are being tracked and, in many cases, obtain explicit consent.
A verbal agreement isn’t enough—businesses should obtain written consent to ensure compliance and avoid disputes. Proper documentation is key in case of legal challenges.
Express vs. Implied Consent
However, not all states recognise implied consent as sufficient—some require active agreement from employees.
Each Australian state has its own surveillance laws governing GPS tracking.
Below is a detailed breakdown of how these laws apply.
New South Wales has some of the strictest GPS tracking laws under the Workplace Surveillance Act 2005 (NSW).
If your business operates in NSW, transparency is essential—employers must clearly communicate tracking details and ensure employees acknowledge the notice.
The ACT follows laws similar to NSW under the Workplace Privacy Act 2011 (ACT).
The Surveillance Devices Act 2007 (NT) governs tracking in the Northern Territory.
While penalties aren’t explicitly defined in the law, failure to obtain consent could result in legal consequences under privacy laws.
Western Australia has some of the harshest penalties for illegal GPS tracking under the Surveillance Devices Act 1998 (WA).
WA has some of the strictest penalties in Australia, making it critical for businesses to secure explicit written consent before using GPS trackers.
Victoria’s laws fall under the Surveillance Devices Act 1999 (VIC).
Employers should ensure that tracking policies are documented and signed by employees to prevent legal risks.
South Australia enforces the Surveillance Devices Act 2016 (SA), emphasising transparency.
Transparency and documentation are essential for businesses operating in SA.
Queensland and Tasmania do not have specific laws governing GPS tracking.
Although no laws explicitly prohibit GPS tracking, ethical considerations and transparency should guide employer policies.
To ensure legal compliance and avoid penalties, businesses should follow these best practices:
By following these steps, businesses can not only comply with Australian GPS tracking laws but also build trust with employees by being transparent and fair.
GPS tracking laws in Australia vary by state, with NSW, VIC, WA, and SA requiring written consent, while QLD and TAS currently have fewer specific regulations.
To avoid legal issues, businesses should always inform employees, obtain written agreement, and document consent properly.
Non-compliance can lead to significant fines or even legal consequences.
Want to ensure you’re using GPS tracking legally and effectively? Explore our FAQ section below for key insights on compliance and best practices.
All you need to do is download the Solid GPS app from the Google Play Store (Android 4.4+) or the App Store (iOS 13+).
You can also track your vehicle on any device connected to our website, from your tablet to your computer.
Yes, you can cancel your subscription during your 31-day free tracking period, and you won’t be charged anything.
You can easily cancel your subscription in your account settings or by contacting us via email or phone.
We guarantee that Solid GPS works in Australia and New Zealand, and we also support payments in each currency.
Yes, you can. All you need to do is connect your Solid GPS tracker to your vehicle through a standard USB port.
The battery in your tracker is rechargeable, so there’s no need to replace it.
You’ll also receive reminders to your phone and email when your tracker’s battery is low, at 30%.
Since the tracker is recharged infrequently (every 3, 6, or 12 months), it will last longer than most electronic devices, with the battery beginning to deteriorate after 500 recharges.
Your tracker is designed to be tucked away inside your vehicle, hidden, and away from any harsh elements.
However, if you’re concerned that it might come in contact with dust or water, we suggest putting it in a sealed container or a ziploc bag to give it some extra protection.
Yes, and it’s super easy to keep track of all your trackers – you can add as many as you want to your account.
To make sure each one is easy to identify, you can give each of them a unique name and colour.
This can be done quickly by heading over to the account settings section on the Solid GPS app or website.
The tracker does not make any noise and it ONLY emits light while being recharged.
Your Solid GPS tracking device uses the full Telstra & Vodafone network in Australia and Spark & Vodafone network in New Zealand, whichever has the strongest signal at that point in time.
If your tracker enters an area with no mobile coverage, don’t worry! It will save the locations your vehicle travels to and will upload where it went when your vehicle is back in an area with coverage.
The subscription covers the cost of the SIM card inside your tracker and the data it uses.
Instead of negotiating with telcos and finding the best SIM card and plan prices, we organise your SIM card for you, all for a flat competitive rate.
We’re able to achieve such a low-cost subscription because we have tens of thousands of SIM cards in our system, unlocking bulk discounts for you!
The subscription also covers the cost of the Solid GPS app, local customer support, & so much more.
We also don’t plan on and have never increased the price of our subscription.
As your vehicle moves, your tracker will update its location every 2 minutes and gradually increase the time between updates to every 10 minutes.
You can also turn on ‘Emergency Mode’ to lock the tracking intervals to every 2 minutes.
Additionally, you can set geofences/boundaries to receive alerts if your vehicle begins to move.
To see what the dashboard/app looks like, please create an account at solidgps.com/registration/, and you’ll be taken to our demo dashboard.
Yes, multiple people can download the same app and log in to the same account to view the same tracker.
You can also securely share your tracker with friends or family through our sharing feature.
For example, if you’re going on a trip, share your private tracking link with others, and they can see where you are without being able to change any settings. You can cancel this link at any time too.
Solid GPS is based in Melbourne, Victoria. All design, development and assembly is done in-house.
© Copyright 2025 Solid GPS
Privacy Policy | Terms & Conditions
Get $50 Off The MEGA Solid GPS Tracker.
(And free shipping).
Only Available Until The 27th of November.
Just enter your email below and we’ll send it through.
You’ll also get our emails every once and a while.
We won’t share your info with third parties and you can easily unsubscribe at the bottom of every email.