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WFH or WTF? Legal questions shroud Jacinta Allan's work-from-home push

Legal experts are questioning the constitutionality and practicality of Victorian Premier Jacinta Allan's plan to enforce a right to working from home.

Poking her tongue out at the Constitution? Jacinta Allan departs the stage after revealing the work-from home plan.ct AAP/Con Chronis

The Victorian government's proposed work-from-home legislation follows hard on the heels of the Federal Government’s right to disconnect laws and has left employers wondering what will come next.

But while Australia followed the lead of other countries with its right to disconnect laws, legislating a right to work from home would be a world first.

The plan outlined by Premier Jacinta Allan on Sunday to give public servants and private sector employees the right to work from home for at least two days a week would also exceed the flexible work provisions already in place.

How much thought has actually been put into the idea isn’t clear.

It has already emerged that the plan hasn’t gone to Cabinet; instead it was developed by the nine-member Co-ordinating Ministers Council. The “no-comment” from the Federal Labor Government on Sunday was instructive.