Australian workers could be dismissed if they do not agree to invasive medical tests despite proposed changes to privacy laws, a report warns.
The Australia Institute study, released on Tuesday, investigated the experiences of workers from the mining sector who were forced to undergo blood tests during the recruitment process with little explanation.
The report’s author found proposed privacy law reforms, including a “fair and reasonable test”, would not be strict enough to curtail the practice.
The findings come in the same month changes to the Privacy Act are expected to be tabled in parliament, as promised by Attorney-General Mark Dreyfus.
The No Blood, No Job report examined the experience of electrical tradespeople who were required to provide blood samples by potential employers in the mining industry.
The report found current privacy laws were unclear and complex as they related to these workers, and warned some employers had begun collecting sensitive medical information “as a routine step in their employment processes”.
Workers interviewed for the study reported being asked to undergo a series of medical examinations, including blood tests, with one man told they “may be related to cardiovascular risk scores”.
Another man was asked to undergo testing even though his job and location had not changed.
The Australia Institute’s Centre for Future Work senior researcher Lisa Heap said employers who demanded this personal information did not adequately explain the reason for it.
Some employers also asked workers to sign a waiver to allow private information to be shared “without restrictions”.
“One of the workers we interviewed declined the blood tests and was immediately removed from the recruitment process,” Dr Heap said.
“Another agreed, only to be required to pay for further testing out of his own pocket.”
Dr Heap said proposed Privacy Act reforms were a positive step but needed to enforce strict controls on the collection of medical data, and explanations for its collection and use.
“Employers should not be able to routinely demand sensitive medical information from workers,” he said.
“They must be required to prove there is a genuine need for this information and it should only be sought as a last resort.”
Changes to Australia’s Privacy Act are expected to be tabled in parliament this month after a review that began in 2020 and a government response in 2023.
The United Nation's Special Rapporteur on the right to privacy, Ana Brian Nougrères, also called for legal reform at the end of her Australian visit in Melbourne on Monday.
Dr Brian Nougrères said Australia needed a more uniform approach to protecting personal information, and should apply privacy regulations consistently.
"The right to privacy is in both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, of which Australia is party and should strengthen the link," she said.
"Most Australian states and territories have equivalent legislation which cover their public sector agencies, however it is a complex and patchwork system."
