The ALRC/AHEC Report on the Protection of Human Genetic Information in Australia: Implications for the employment sector.

By Margaret Otlowski

Essentially Yours: The Protection of Human Genetic Information in Australia was a report released by the Australian law reform Commission (ALRC and the Australian Health Ethics Committee (AHEC) in May 2003.

The report contained many recommendations for the ptotection of human genetic information across a diverse range of subject areas. A significant proportion of the report is devoted to the use of genetic information in employment and makes far-reaching recommendations regarding employers' use of such information in the workplace. In addition there are specific chapters dealing with anti-discrimination law, privacy of genetic samples and information, and with non-consensual genetic testing, all of which clearly have relevance to employment law.

Employer groups were strongly opposed to any proposals for the regulation of their use of genetic tests, arguing it was premature and unnecessary. The ACTU, on the other hand, welcomed intervention to avoid future problems. However, they argued that the proposals did not go far enough and that there were no circumstances where genetic testing of workers was justified.

(Australian Journal of Labour Law. vol. 16, no. 3 December 2003)