Australian Capital Territory Current Acts

WORKPLACE PRIVACY ACT 2011 - SECT 21

    (1)     If an employer stops delivery of an electronic communication under section 20 (2), the employer must give the worker a notice (a stopped delivery notice ) that delivery of the electronic communication has been stopped as soon as practicable after it is stopped.

Note     Electronic communication —see the dictionary.

    (2)     However, an employer is not required to give a worker a stopped delivery notice if delivery of the electronic communication is stopped—

        (a)     because the employer believes the electronic communication is—

              (i)     a communication that is a commercial electronic message within the meaning of the Spam Act 2003

(Cwlth); or

              (ii)     a communication or attachment that might result in an unauthorised interference with, or damage to, the operation of—

    (A)     a computer or computer network operated by the employer; or

    (B)     a program run by a computer or computer network of the employer; or

    (C)     data stored on a computer or computer network of the employer; or

              (iii)     a communication or attachment that might reasonably be considered to be threatening, harassing or offensive; or

        (b)     by the operation of a software program designed to stop a communication of a type mentioned in paragraph (a).

    (3)     Also, an employer is not required to give a worker a stopped delivery notice for an electronic communication sent by the worker if the employer was not, and could not reasonably be expected to be, aware—

        (a)     of the identity of the worker who sent the communication; or

        (b)     that the communication was sent by a worker.

    (4)     An employer's policy on electronic communication and internet access must not provide for delivery of an electronic communication or access to a website to be stopped only because—

        (a)     the communication was sent by or on behalf of an industrial association of a worker or an officer of an industrial association; or

        (b)     the communication or a website contains information relating to industrial matters.

    (5)     In this section:

"industrial association"—see the Fair Work Act 2009

(Cwlth), section 12.

"industrial matters "means matters or things affecting or relating to work done or to be done in an industry, or the rights or obligations of employers or workers in an industry.