Use of QR or COVIDsafe APP is an offence

Refer to official government sites:

https://www.legislation.gov.au/Details/C2021C00139/Download

https://www.fwc.gov.au/general-protections-benchbook/workplace-rights-protections/requiring-the-use-covidsafe

Section 94H of the Privacy Act 1988

94H Requiring the use of COVIDSafe

  1. A person commits an offence if the person requires another person to:
    1. download COVIDSafe to a communication device; or
    2. have COVIDSafe in operation on a communication device; or
    3. consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
    Penalty: Imprisonment for 5 years or 300 penalty units, or both.
  2. A person commits an offence if the person:
    1. refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or
    2. takes adverse action (within the meaning of the Fair Work Act 2009) against another person; or
    3. refuses to allow another person to enter:
      1. premises that are otherwise accessible to the public; or
      2. premises that the other person has a right to enter; or
    4. refuses to allow another person to participate in an activity; or
    5. refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or
    6. 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:
    7. has not downloaded COVIDSafe to a communication device; or
    8. does not have COVIDSafe in operation on a communication device; or
    9. has not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
    Penalty: Imprisonment for 5 years or 300 penalty units, or both.
  3. To avoid doubt:
    1. subsection (2) is a workplace law for the purposes of the Fair Work Act 2009; and
    2. 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).