Compliance Risks in Australia

The compliance risks in Australia that changed character recently are worth separating from the ones that have always been there.

Wage underpayment. Intentional underpayment can now be a criminal offence, and record-keeping failures can shift the burden of proof onto the employer.

Psychosocial hazards. Work health and safety duties now expressly cover matters such as job demands, poor support, bullying and harassment.

Sexual harassment. A positive duty requires reasonable and proportionate measures to eliminate it as far as possible, rather than a complaints process alone.

Privacy and data. Notifiable breach obligations run to defined timeframes from the point of becoming aware.

Each of these has moved the question away from how well you responded and toward what you had in place before anything happened at all.

The Office of the Australian Information Commissioner publishes breach obligations. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s GRC system and workplace compliance system.