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Answered in 13 minutes by:
2/7/2014
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedHello and thank you for your question.
The law does not prescribe any specific circumstances in which an employer is obliged to contact next of kin, but when such details are provided they are usually provided to the employer in the context of a request for a contact in case of an emergency, and provided employers only contact next of kin in what could reasonably be regarded as an emergency, (or other circumstance if that was specified as the reason the next of kin details were requested) then the employer could not realistically be in trouble for contacting a next of kin and passing on information about the employee.
On the other hand if an employer misuses the next of kin contact information it is possible they may be liable for breaching privacy laws, but it would have to be a case of clear misuse before an employer could realistically be in trouble for so using the information.
I trust the above assists.
Good luck and please rate my answer.
Thanks,
Patrick
The law does not prescribe any specific circumstances in which an employer is obliged to contact next of kin, but when such details are provided they are usually provided to the employer in the context of a request for a contact in case of an emergency, and provided employers only contact next of kin in what could reasonably be regarded as an emergency, (or other circumstance if that was specified as the reason the next of kin details were requested) then the employer could not realistically be in trouble for contacting a next of kin and passing on information about the employee.
On the other hand if an employer misuses the next of kin contact information it is possible they may be liable for breaching privacy laws, but it would have to be a case of clear misuse before an employer could realistically be in trouble for so using the information.
I trust the above assists.
Good luck and please rate my answer.
Thanks,
Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
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