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Laws and privacy

Understanding laws about employing and privacy

Recruiting and keeping the right people can play a big role in achieving business success, so it's important to map the skills and expertise you need.

You’ll be considered an employer if you have someone working on a full-time, part-time or casual basis and:

  • pay the person a salary, wages or some kind of remuneration
  • tell them the hours and conditions of work
  • give them instructions on how the work is to be done and in what order.

Arrangements that try to avoid your tax or other obligations, such as a cash-in-hand payment, could spark a serious dispute in the Industrial Court or under Workers Compensation legislation.

Laws change frequently

As an employer, you should understand and keep up-to-date with legislation to ensure you meet your legal obligations and your responsibilities towards your employees.

The Fair Work Ombudsman works with employers to educate and understand the responsibilities under Australia's workplace laws.

Understanding the Privacy Act and handling personal information

The Privacy Act 1988 (Privacy Act) regulates how personal information is handled. The Privacy Act defines personal information as information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.

Common examples are an individual’s name, signature, address, telephone number, date of birth, medical records, bank account details, and commentary or opinion about a person.

You can find more information and resources listed below.

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