As restrictions around our mobility start to ease, we will
likely see more and more employees return to the workplace. At the
same time, the Federal Government is encouraging us all to download
the tracing application "COVIDSafe".
While it may seem logical that employers have their employees
download "COVIDSafe" as they return to workplaces, a determination
made by the Health Minister under the Biosecurity Act 2015
(Cth) makes it clear that employers cannot "require"
employees to:
- download COVIDSafe; 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.