Australia Right To Disconnect Act

What people call the Australia right to disconnect act sits in the Fair Work Act. Employees of non-small business employers have the right to refuse to monitor, read or respond to contact, or attempted contact, outside their working hours, unless doing so is unreasonable. It covers contact from an employer and from a third party.

The operative word is unreasonable, and five factors must be considered when working out whether a refusal is unreasonable.

• The reason for the contact.
• How the contact is made, and how disruptive it is to the employee.
• How much the employee is compensated for being available or for working additional hours.
• The employee’s role and level of responsibility.
• The employee’s personal circumstances, including family or caring responsibilities.

A refusal will be unreasonable where the contact is required by law. For small business employers and their employees, the provisions apply from 26 August 2025.

The Fair Work Ombudsman sets out the factors. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s free right to disconnect webinar and working from home course.