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In 18 months for small business employers and in six months (on 26 August 2024) for other employers, employees will have the right to refuse to monitor, read or respond to contact or attempted contact from an employer or third party outside of their working hours, unless their refusal is unreasonable.

Whether a refusal is unreasonable will depend on factors including the reason for the contact, level of disruption, any compensation the employee receives to be available or work additional hours, and the employee’s role, responsibilities and circumstances. Disputes can be taken to the Fair Work Commission if they can’t be resolved at the workplace level. The Commission will be able to make orders or otherwise deal with the dispute.