Partner, spouse or relatives


Can I be asked whether I have a partner, spouse or relative working with the organisation or with a competitor of the organisation?

Yes, an employer can ask whether you are:
  • married to; or
  • in a civil union or de facto relationship with; or
  • a relative of

anyone who works at that workplace or elsewhere in the same industry. The Act permits employers to impose restrictions if any of the situations set out above apply and there is either a reporting relationship between the employees or there is a risk of collusion between them to the employer’s detriment.