34. Employment and Genetic Privacy

34.1 The Terms of Reference require the Inquiry to report on whether, and to what extent, a regulatory framework is needed to protect the privacy of human genetic samples and information in a number of contexts, including employment. Previous chapters in Part H have examined the various forms of genetic information that are available to employers, the way in which these may be used in employment, and some of the legal issues that arise from those uses.

34.2 In Chapters 7 and 8 the Inquiry examined the legal framework for the protection of genetic privacy in Australia and made a number of recommendations to promote greater harmony across Australian jurisdictions and to ensure that privacy laws apply to both genetic samples and information. This chapter considers whether federal privacy laws, if amended as proposed, would provide sufficient protection for genetic information in employment.