Section 106C of the Fair Work Act 2009 (Cth) (the Act) imposes specific obligations on employers regarding the confidentiality of information provided by employees in relation to family and domestic violence leave.
Firstly, employers must take reasonable steps to ensure that any notice or evidence provided by an employee under section 107 of the Act, concerning their need to take family and domestic violence leave, is treated confidentially. This means that the information should not be disclosed or used for purposes other than verifying the employee’s entitlement to the leave, unless the employee consents to its use for another purpose. Importantly, the employer is prohibited from using such information to take adverse action against the employee.
However, subsection (4) of section 106C provides exceptions to this confidentiality obligation. Employers are permitted to handle the information if required by Australian law or if it is necessary to protect the life, health, or safety of the employee or another person.
The Fair Work Commission has also emphasised the sensitive nature of information related to family and domestic violence leave. Mishandling such information can have adverse consequences for employees. Employers are advised to consult with employees about how their information will be handled and are reminded of their obligations under section 106C of the Act and regulations 3.47 and 3.48 of the Fair Work Regulations 2009 (Cth).
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