Covert surveillance by optical means may be required in cases involving compensation claims under the Act where misrepresentation of disabilities, claiming excessive disabilities, malingering or fraudulent activity is suspected. The policy is based on the 'Covert Optical Surveillance In Commonwealth Administration – Guidelines' published by the Privacy Commissioner, February 1992.

Covert surveillance as defined by the Privacy Commissioner refers to: 'The secretive, continuous or periodic observation of persons, places or objects to obtain information concerning the activities of individuals which is then recorded in material form including notes and photographs.' (Source: Privacy Commissioner, February 1992)