All Australians are encouraged to download the COVIDSafe App (COVIDSafe). The more Australians connect to COVIDSafe, the quicker health authorities can find the virus through effective contact tracing.
Signage and posters about COVIDSafe that you could use in your workplace can be found on the Signage and posters - COVID-19 page.
It's important to remember that the use of COVIDSafe is completely voluntary. A person (including an employer) must not require a worker or other person, including customers, to download or use COVIDSafe. This includes requiring workers to download COVIDSafe onto work issued and private mobile phones.
Section 94H(1) of the Privacy Act 1988 (Cth) (Privacy Act), states that a person must not require another person to:
- download COVIDSafe to a mobile telecommunications device; or
- have COVIDSafe in operation on a mobile telecommunications device; or
- consent to uploading COVID app data from a mobile telecommunications device to the National COVIDSafe Data Store.
Section94H(2) of the Privacy Act deals with work-related issues around COVIDSafe, stating that a person cannot do the following things on the ground that, or on grounds that include that, another person has not downloaded COVIDSafe:
- refuse to enter into or continue a contractual arrangement with that other person (including a contract of employment),
- take adverse action (within the meaning of the Fair Work Act 2009) against that other person,
- refuse to allow that other person to enter premises,
- refuse to allow that other person to participate in an activity,
- refuse to receive goods or services from that other person; or
- refuse to provide goods or services to that other person.
Failure to comply with the s 94H of the Privacy Act is an offence with a penalty of 5 years imprisonment or a fine of $63,000 or both. The offence applies despite any internal workplace policy or other employment instrument.
More information on COVIDSafe is available from the Department of Health’s COVIDSafe app webpage.
Further information
Further information on worker’s rights, including protection against discrimination, can be accessed through the COVID-19 resources kit under worker’s rights.
Further information is available on What to do if a worker has COVID-19.
To ensure this information is as accessible and easy to understand as possible, we refer to ‘employers’ and their responsibilities.
However, under the model WHS laws, duties apply to any person conducting a business or undertaking (PCBU) which includes employers, but also others who engage workers. For more information about who is a PCBU see our Interpretive Guideline – model Work Health and Safety Act – the meaning of ‘person conducting a business or undertaking'.
The model WHS laws have been implemented in all jurisdictions except Victoria and Western Australia.
Safe Work Australia does not regulate or enforce WHS laws or the recently introduced COVID-19 restrictions on business operations. If you want to know how WHS laws apply to you or need help with what to do at your workplace, contact the WHS regulator in your jurisdiction. If you want to know what restrictions on business operations apply to you or your workplace, go to your relevant state and territory government website for information.