Workplace and privacy: selected regulatory sources reviewed in September 2026

A dated starting point for employers and legal teams: positive-duty guidance, psychosocial hazards, the right to disconnect and serious invasions of privacy. These are existing measures, not announcements that each changed this month.

By Everguard Group · 24 September 2026

What this review covers.

Sources checked on 24 September 2026. This edition summarises selected Commonwealth guidance relevant to investigation commissioning. It does not establish that every state or territory requirement has been checked or that an organisation complies with its obligations. The next monthly review is scheduled for October 2026.

We separate the official source position from practical commissioning considerations. An investigation can support fact finding, but legal advice, risk controls and the organisation’s decisions remain separate. Consult the linked authority and appropriate advisers for the particular matter.

Positive duty: established Commonwealth obligation [1]

The Australian Human Rights Commission’s guidelines explain the positive duty to take reasonable and proportionate measures to eliminate specified unlawful conduct as far as possible. The guidance addresses prevention as well as reporting and response. The Commission’s compliance-enforcement powers commenced on 12 December 2023.

Commissioning consideration: a factual investigation of a complaint is one defined task. It should not be described as satisfying the organisation’s wider prevention duties by itself. Identify the conduct to be examined, relevant records, reporting line and any separate work needed on organisational controls.

Psychosocial hazards: model guidance, local legal effect [2]

Safe Work Australia’s model Code of Practice provides guidance on managing psychosocial hazards. Its legal effect depends on approval in the relevant jurisdiction. The national model document alone is not proof that identical requirements apply in every state or territory.

Commissioning consideration: distinguish the factual examination of events or conduct from a broader workplace risk assessment. Identify the location, relevant period, applicable policies and records needed to understand the concern. Check the local regulator before attributing a legal requirement to the model code.

Right to disconnect: commencement dates and context [3]

The Fair Work Ombudsman explains that the right applied from 26 August 2024 for employees of non-small business employers and 26 August 2025 for employees of small business employers. It concerns refusing to monitor, read or respond to contact outside working hours unless the refusal is unreasonable. It is not a blanket ban on out-of-hours contact.

Commissioning consideration: an enquiry involving contact outside working hours may need the actual communication sequence, ordinary hours, role, reason for contact and relevant arrangements. Preserve the evidence and obtain advice on coverage and application rather than inferring a breach from the time of one message.

Serious invasions of privacy: commenced 10 June 2025 [4]

The Office of the Australian Information Commissioner records that the statutory tort for serious invasions of privacy commenced on 10 June 2025. It provides an avenue for individuals to seek remedies through the courts. The OAIC states that it does not directly administer the tort.

Commissioning consideration: define the purpose, authority, proposed methods, information access and handling arrangements before enquiries begin. Do not assume that an investigation instruction permits every collection method or disclosure. The relevant legal tests, exceptions and remedies require advice for the circumstances.

State and territory requirements remain distinct [5]

WHS, workers’ compensation, investigation licensing, surveillance and other requirements can depend on jurisdiction. The official regulator directory is a starting point for identifying the relevant workplace authority. Future editions will identify the particular jurisdictions and sources actually checked, rather than claim universal coverage from a limited review.

How Everguard can help.

Everguard can help employers and legal teams establish what happened through a defined factual investigation, witness interviews and statements, records review or a source-referenced chronology. For a workplace concern, the brief can distinguish the reported conduct, response sequence, relevant documents and unresolved factual questions.

For privacy-sensitive or cross-jurisdiction enquiries, the initial scoping discussion identifies the proposed evidence, location, handling arrangements and authority to instruct. The relevant advisers determine legal requirements and any legal conclusions. We do not certify compliance or suggest that hiring an investigator is required by every change.

A defined workplace investigation into specified allegations.
Witness statements and documentary support for instructing law firms.
A chronology or records review that identifies competing accounts and evidentiary gaps.
Investigation planning or review of a factual report against its sources.

How updates are maintained.

The monthly review checks official legislation, regulator announcements and government guidance for changes relevant to our investigation services. Proposed reforms, enacted measures awaiting commencement, rules in force and non-binding guidance are labelled separately. Source dates and affected jurisdictions are recorded.

A source-check date records completed checking, not a guarantee that no later change exists. When a source cannot be verified, we retain the last verified position and identify the gap. We do not refresh article dates simply to make unchanged material appear new.

General commissioning information. The appropriate scope and process depend on the circumstances and instructions for the matter.

Official sources.

Source links checked on 24 September 2026. General information, not legal advice for a particular matter.