Managing global mobility presents several legal challenges for universities including compliance with various global and local laws, privacy and cybersecurity risks, and ensuring workplace health and safety for flexible and remote work arrangements. Key issues include complying with employment laws in different jurisdictions, protecting sensitive data and systems from theft or breaches when staff work across borders, and developing individual safety plans for mobile or lone workers. Universities must stay aware of evolving regulations on issues like flexible work, contractor relationships, and counter-terrorism to maintain legally compliant global mobility programs. Proper risk assessment, policy development, training, and access to legal advice can help universities address these challenges.

1. Managing global mobility – legal
issues for work safety and security
Australasian University Safety Association 2016
Fiona Austin

2. 1
Global
jurisdictions
Flexible
work
Safety and
health risk
New work
models
Privacy and
cyber risk
Security
Top legal issues for organisations in mobility
transition

3. 2
• Exponential growth in computing power, device connectivity, data
volumes, artificial intelligence
• 44% of jobs in Australia are at high risk of computerisation and
automation
• Changed skill set required for work and raises the bar for entry
• Transition to a knowledge economy
Why? Technological development

4. 3
• Global internet enabled workforce has no geographical barriers
• Increased global competition
• China and India lead in STEM education numbers
Why? Increasing globalisation

5. 4
• Ageing population
• Cultural diversification
• Health and wellbeing drivers
• Post mining boom
Why? Social change

6. 5
• P2P marketplace + platform economics + digital natives emerging
• Transforming employment markets and organisational structures
• Flat organisational structures more desirable
• Jobs of the future will be more flexible, agile, networked and connected
• Anyone can participate but skills thresholds are high
• Industry boundaries may be crossed
• Office spaces will transform
• A market for co-working spaces is emerging
• Focus is on value of experience
Why? Developing business models

7. 6
• Australian laws apply:
• Australian employment laws (Fair Work Act) applies to international work
where the work is performed by an employee of an ‘Australian Employer’,
unless that employee is engaged outside of Australia and the external
territories to perform duties outside of Australia and the external
Territories.
• Australian WHS laws will apply to international work where there is a
relevant connection with the relevant Australian jurisdiction eg. so that an
element of the offence is committed here (eg. work is under the direction
or control of supervisors in the Australian jurisdiction or the employee
often works in that jurisdiction).
 Offshore local laws apply:
• Local WHS employment laws where the work is done are very likely to
apply.
• Local WHS laws where the work is done are very likely to have
application.
Legal challenge: Global compliance

8. 7
The Occupational Safety and Health Ordinance (Chapter 509) (1997)
(Ordinance) imposes a duty on employers to ensure, so far as reasonably
practicable the safety and health at work of all the employer's employees.
This includes, providing and maintaining safe systems of work, handling
storage or transport of plant or substances, information, instruction and
training, safe access and egress to a workplace within the employers control
and provide and maintain a safe working environment .
Officer Liability Provision
Section 33(1) of the Ordinance provides that in circumstances where the
company is convicted of an offence against the Ordinance and it is proved
that the offence was committed with the consent or connivance of or was
attributable to any neglect on the part of any officer, the officer will also be
guilty of the same offence. Officers are therefore individually liability for the
same penalties as the company.
Penalties include fines or up to 6 months imprisonment.
Example: Hong Kong

9. 8
Universities should:
• Develop global due diligence and compliance programs for all jurisdictions
– this is important not just from the corporate perspective but because
personal obligations also apply and the civil risks are real!
• Consider strategies for limiting double dipping or establishing in
appropriate jurisdiction
• Develop individual mobility agreements for each case
Legal challenge: Global compliance

10. 9
• Mobility increases risk:
– information theft & fraud
– breach of privacy obligations (eg. information security and cross border
obligations)
– Significant reputational damage
• The Office of the Privacy Commissioner can seek civil penalties of up to
(or apply for civil penalty orders of up to) $340,000 for individuals and
$1.7m for companies
• Recent decision in HW and Freelancer International Pty Limited [2015]
AICmr 86 (18 December 2015) included aggravated damages
Legal challenge: Privacy and cyber risk

11. 10
Universities should:
• Plan for all related events and have clear rules and a planned response
eg. hacking (consider University of Calgary ransomware), virus, cyber
extortion, identity theft, unauthorised access, system error, theft of
information, defamation, privacy breach, theft of IP
• Plan for notifications of breach
• Review cyber risk insurances now available
Legal challenge: Privacy and cyber risk

12. 11
• Safety - Mobility increases risk: workplaces are any places persons are
likely to go while at work. This includes work at home and other mobile
work environments including accommodation.
• Case example - consider De Silva v Secretary, Department of Finance,
Services and Innovation [2015] NSWWCC 279 (7 October 2015)
Legal challenge: Safety and security risk

13. 12
• Security - Emerging challenges:
• Working alone, travel and remote work
• Threats and violence
• Terrorism
• Emerging regulation:
• Criminal Code Act 1995 (Cth) under which a ‘terrorist act’ is an act or
threat intended to advance a political, ideological or religious cause by
coercing or intimidating an Australian or foreign government or the
public, by causing serious harm to people or property, endangering life,
creating a serious risk to the health and safety of the public, or seriously
disrupting certain types of critical infrastructure, electronic systems or
trade
• State criminal laws eg. explosives or crimes
• WHS Regulation and civil litigation eg. Wright by his tutor Wright v
Optus Administration Pty Limited [2015] NSWSC 160
Legal challenge: Safety and security risk

14. 13
Universities should:
• Focus on critical and catastrophic risks
• Integrate security planning with their WHS systems
• Prepare individual plans for remote, travel and mobile work scenarios but
consider the placement of the notification functions
• Consider security in design
• Engagement and education is critical including systems for detection and
prevention
• Testing and ability to adapt is vital for worst case scenarios
Legal challenge: Safety and security risk

15. 14
• Flexible work must be considered:
• Flexible workspaces, co-working, hot-desking, non-traditional hours,
part time and casual, compressed hours, working from home, alternative
workplaces, flexi time, tailored leave, phasing a return from leave,
employment mobility, travel, secondments, staging retirement...and
more…?
 Fair Work Act (s.65) right to request is open to employees who:
– are the parent, or have responsibility for the care, of a child who is of
school age or younger
– are a carer (as defined in the Carer Recognition Act 2010)
– employees with a disability
– mature age employees (>55 years)
– workers experiencing family violence or supporting an immediate family
member / household member who is experiencing family violence
 Subject to reasonable business grounds
Legal challenge: Flexible work

16. 15
• Emerging entrepreneurial models in the new knowledge economy:
eg. contractors, freelancers and share platforms
• Contractual relationships differ from employment relationships in the
sense of content, rights and responsibilties
Legal challenge: New work models

17. 16
• Universities should focus on:
• Project management
• Relationship definition and governance
• Interface planning
• Oversight delivery
Legal challenge: new work models

18. 17
Global
jurisdictions
Flexible
work
Safety and
health risk
New work
models
Privacy and
cyber risk
Security
risk
Are you prepared?

19. 18
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