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Australian Business Lawyers and Advisors managing director Luis Izzo says as long as the ABC “don’t treat anyone adversely”, then there is “nothing unlawful” about sending its staff a survey regarding their ethnic background, sexuality and gender identity.

Mr Izzo told Sky News “where the danger arises” is what a company does with the information once they've collected it.

“It’s okay to try and understand statistical information about your workers, where they’ve come from or what they might do outside of work, but it gets dangerous if you are then seeking to do things after that or there are consequences associated with the information you collect,” he said.

“Collecting the information isn’t necessarily the worse thing or problematic, it’s what someone might seek to do with the information is the problem."