Refer to official government sites:
https://www.legislation.gov.au/Details/C2021C00139/Download
Section 94H of the Privacy Act 1988
94H Requiring the use of COVIDSafe
- A person commits an offence if the person requires another person to:
- download COVIDSafe to a communication device; or
- have COVIDSafe in operation on a communication device; or
- consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
- A person commits an offence if the person:
- refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or
- takes adverse action (within the meaning of the Fair Work Act 2009) against another person; or
- refuses to allow another person to enter:
- premises that are otherwise accessible to the public; or
- premises that the other person has a right to enter; or
- refuses to allow another person to participate in an activity; or
- refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or
- refuses to provide goods or services to another person, or insists on receiving more monetary consideration for the goods or services;on the ground that, or on grounds that include the ground that, the other person:
- has not downloaded COVIDSafe to a communication device; or
- does not have COVIDSafe in operation on a communication device; or
- has not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
- To avoid doubt:
- subsection (2) is a workplace law for the purposes of the Fair Work Act 2009; and
- the benefit that the other person derives because of an obligation of the person under subsection (2) is a workplace right within the meaning of Part 3‑1 of that Act.
What is the protection?
An employer must not take adverse action[1] against an employee or prospective employee, on the grounds that they:
- have not downloaded COVIDSafe to a communication device
- do not have COVIDSafe in operation on a communication device, or
- have not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Example
An employer must not dismiss an employee or refuse to employ a person because they haven’t downloaded COVIDSafe.
Are there exceptions?
There are no exceptions.
Reference
[1] Privacy Act 1988 (Cth) s.94H(2)(b).