Workplace Legal Advice Program Terms, Conditions & Privacy Statement

Terms and conditions and Privacy Statement for the Workplace Legal Advice Program.

For answers to frequently asked questions about the Workplace Legal Advice Program visit our Workplace Legal Advice Program – overview page.

Terms and conditions of Workplace Legal Advice Program referral

  1. By accepting an offer of a referral to an external legal services provider for free legal advice paid for by the Fair Work Ombudsman (FWO), you confirm that:
    • you agree to participation in the Workplace Legal Advice Program (Program)
    • you agree to these terms and conditions
    • if acting on behalf of a business, you are authorised to accept the offer.
  2. You understand that the legal services provider that you are referred to is independent of the FWO and does not represent the FWO or the Commonwealth of Australia. The FWO will not review or comment on any advice you receive from the legal services provider. Any advice provided to you as part of the Program is not legal advice from or on behalf of the FWO or the Commonwealth of Australia and the FWO is not liable for any claims in relation to the advice provided as part of the Program.
  3. You understand that if you want additional advice from a legal service provider beyond the fixed amount funded by the FWO as part of the Program, this will be a separate private engagement between you and the legal service provider (whether this is the provider FWO refers you to or another provider of your choice) and that if you enter such an engagement you will be responsible for any fees or costs incurred and the FWO will not incur any costs or responsibility.
  4. You understand that from time to time the FWO may evaluate the Program to ensure a high standard of service is maintained. This may be undertaken by the FWO or by external providers on behalf of the FWO. You may be contacted for feedback on the Program and for other related research purposes.
  5. It is a condition of access to the Program that you consent to the external legal provider providing the FWO with information for the purpose of evaluation and reporting on the Program. This information may include:
    • de-identified information regarding topics the legal services provider provided advice on; and
    • time spent providing the advice;
  6. The FWO may include de-identified statistics from the Program in FWO publications. This will not identify you or the business.
  7. You have read and understand the Privacy Statement below.

Privacy statement – Referral to external law firm

The FWO is committed to protecting your privacy. We manage all personal information we handle in accordance with the Privacy Act 1988. We collect, hold, use and disclose personal information as necessary for the purpose of performing our functions and exercising our powers under the Fair Work Act 2009.

Using and disclosing personal information

If you request advice or assistance from us through FWO’s Infoline or My account, we may refer you to an external legal services provider. This will mean we will need to disclose to external legal services providers, some or all of the information you provide us, including personal information, in order to assist you to access this service. For example, personal information including your name and contact information will be disclosed for the purpose of the external legal services provider contacting you to make arrangements for the services to be provided.

The external legal services provider engaged by the FWO to assist you, will use and disclose any personal information that you have provided either to the FWO or to the external legal services provider directly for the sole purpose of providing you with advice and assistance. This may include disclosing some of your personal information to other relevant parties and their authorised representatives. Other relevant parties in this context may include other entities within the same corporate group as the external legal services provider or service providers engaged by the law firm to provide it with IT support or records management services. Such other entities may be located outside of Australia.

Information about how any legal services provider handles your information will be set out in the privacy policy of the provider at the time of engagement.

Your personal information will not be used for any other purposes or disclosed to any other person or organisation, unless you provide explicit consent for the secondary purpose, or the secondary purpose is permitted under the Privacy Act 1988.

If you do not provide personal information in response to a request, the FWO or external legal services provider may not be able to provide services to assist you.

Privacy policy

The FWO’s Privacy policy contains other information about how the FWO and any external parties that FWO engages to assist you, will use and disclose your personal information, including for evaluation purposes. The policy also contains guidance about accessing and correcting your personal information, including if you think the information we hold about you may be inaccurate, out of date, incomplete, irrelevant or misleading. The policy also has information about how you can complain if you think you there has been a breach of your privacy or if you are unhappy about how the FWO or an external lawyer engaged by the FWO, has dealt with your personal information.