The right to disconnect – what do these changes mean for me?

The AMA has received queries about a variety of changes to federal employee workplace laws which came into operation from 26 August 2024, including the ‘right to disconnect’ from employer-initiated interaction after an employee has finished work. 

What do these changes mean for me?

The laws can apply nationally to private practices/rooms employees (administration, allied health, and practice nurses for example), but for public hospital employee doctors, federal workplace laws only apply in the Northern Territory, Australian Capital Territory and Victoria. As such, for most public hospital doctors, the new laws have no relevance (no application).

In the jurisdictions where federal workplace laws do operate, for public hospital doctors, their collective industrial agreements (negotiated by ASMOF/AMA) will almost always apply instead of the ‘right to disconnect’.

This is because the hospital agreements already pay for work outside of ordinary hours (penalties/overtime/allowances) and there are mandated rights to be free form duty (rostering rules) and other regulation/limitations about when, and when not, a doctor can be available to work.

For private sector employees (usually not doctors but instead their practice/rooms staff), the right to disconnect is likely ‘trumped’ where the award provides for payment for required work.  

In summary, for members and their employees, the practical application of the new right to disconnect is narrow with only unusual circumstances enlivening the concept.

For further information, or to discuss how the laws may apply to your specific circumstances, please contact your state or territory AMA.