September 27, 2023


Learn Business From Experience

Can Employers Use Them on Job Candidates?

7 min read

The method of hiring staff might be difficult as giving somebody accountability in your corporation requires a specific amount of religion. As an employer, you wish to know whether or not you’ll be able to belief your employees to make sure that your office is protected and safe to your staff, prospects, and purchasers. 

Specifically, that is vital for those who require your staff to work with weak folks such because the aged, sick folks, and younger kids. Subsequently, it could be tempting to conduct job police checks on job candidates to maintain these related to your corporation protected. Nonetheless, there are some authorized necessities that must be considered earlier than you conduct a job police examine.

Whether or not you’ll be able to conduct job police checks on a job applicant doesn’t have a easy sure or no reply. This query requires evaluation on a case-by-case foundation, and there are numerous components that must be considered when figuring out whether or not it’s authorized to conduct a police examine on a job applicant.

On this article, we’ll clarify whether or not employers can legally conduct job police checks on job candidates, the significance of job police checks, the components that decide whether or not you’ll be able to conduct a job police examine, and solutions to different continuously requested questions. 

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The quick reply to this query is sure, it’s authorized for employers to conduct job police checks on job candidates. Nonetheless, that is solely authorized, relying on the particular circumstances.

Why are police job checks vital?

Conducting police checks on job candidates is vital as a result of following causes:

  • This course of is important to making sure a protected and reliable work setting
  • In some circumstances, if an employer has did not train correct due diligence when hiring an worker and one thing goes flawed, the corporate could possibly be held vicariously answerable for the conduct of the worker
  • Job police checks are integral to the protection and well-being of the broader group by conserving workplaces protected 
  • From a enterprise perspective, it’s in an employer’s greatest curiosity to make sure the fame of the enterprise stays optimistic. Subsequently, it’s vital to minimize components which will harm this optimistic fame
  • Employers may additionally discover it helpful to conduct a police examine on candidates to cut back the danger of theft, fraud, and different legal exercise by them

What are the components that decide whether or not you’ll be able to conduct a job police examine on a job applicant in Australia? 

In Australia, there are numerous components that decide whether or not an employer can conduct a police examine on job candidates. These embrace the next:

  1. The kind of job: Sure roles, equivalent to people who contain working with kids, the aged or folks with disabilities, require obligatory police checks
  2. Trade requirements: Some industries, equivalent to healthcare or finance, might have particular laws or necessities round police checks
  3. State or territory laws:  Every state and territory has its personal laws governing police checks. It’s vital to concentrate on the particular necessities in your jurisdiction
  4. The job applicant’s consent: Employers should receive the job applicant’s consent earlier than conducting a police examine. They have to additionally inform the applicant of the aim of the examine and the way the knowledge will likely be used
  5. Relevance to the job: Employers should be sure that the police examine is related to the job necessities and the extent of danger concerned
  6. Privateness and discrimination legal guidelines: Employers should adjust to privateness and discrimination legal guidelines when conducting police checks. They have to additionally be sure that they deal with the knowledge obtained from the examine appropriately and confidentially
  7. ACIC necessities: If an employer chooses to conduct a police examine, they need to adjust to the Australian Criminal Intelligence Commission (ACIC) necessities for acquiring and dealing with legal historical past data

As an employer, it’s essential so that you can perceive these components and the authorized necessities round police checks to keep away from breaching privateness and discrimination legal guidelines.

Which sorts of employment are job police checks permitted in?

The character of the function and kind of business typically determines whether or not a police examine has authorized grounds. The rule of thumb is that it’s normally required for jobs involving the next:

  • Kids
  • Susceptible folks, i.e. the aged and sick (hospitals, nursing houses and many others.)
  • Safety positions
  • Positions of belief
  • Authorities roles
  • Authorized positions like attorneys, cops, and corrective providers
  • Social work
  • Charities
  • Residential or aged care
  • Instructing 

This listing is non-exhaustive and doesn’t embrace all jobs. Nonetheless, it’s typically the case that roles requiring a higher want for belief regarding the welfare of others require job police checks. Many of those jobs would require it by regulation, as outlined on the Australian Legal Intelligence Fee web site.

Nonetheless, this doesn’t imply that any jobs falling exterior the scope of belief don’t essentially additionally require a examine. This may be on the discretion of the employer. On this occasion, employers ought to adhere to the next foremost necessities:

  • The employer is required to tell the job applicant of the necessity for a police examine
  • The employer will get the consent of the job applicant to do a police examine
  • They will show that the requirement of the police examine is cheap inside the context of the function

When to ask for a job police examine?

For many jobs, short-listed candidates or these invited to interview ought to be the one ones requiring a police examine. This minimises the next:

  • Unneeded and time-consuming work concerned with processing many consent varieties
  • Prices, as police providers cost for legal historical past checks
  • Risking disclosure of confidential data when it’s not required

What are the authorized implications of a job police examine?

If an employer can’t fulfill the necessities for requesting a job police examine, this can lead to  each discriminatory and privateness breaches. It’s critical that employers conduct their hiring processes in a good and non-prejudicial method. Additionally it is greatest apply for employers to concentrate on what data an employer can legally request from job candidates and staff. 

Moreover, a failure to stick to any of Australia’s Privateness Ideas (APPs) can have authorized penalties. While there are some cases the place a transparent line might be drawn, there are events that blur the boundaries. It’s important for employers to guard themselves, their companies, and the group. 

Nonetheless, they need to additionally keep away from breaching anti-discrimination and privateness legal guidelines within the course of.

Incessantly Requested Questions (FAQs)

What’s a police examine?

In keeping with the Australian Federal Police, a police examine is a course of that includes connecting a person’s data, for instance, their date of delivery and title, with a centralised index of names utilizing a name-matching algorithm. The aim is to determine any matches between the person’s title and date of delivery mixture with these of people who’ve a police historical past document. Afterwards, police personnel will look at the title to find out what data might be disclosed in accordance with data launch insurance policies and/or relevant spent conviction laws.

Is a background examine the identical as a police examine?

Background checks and police checks will not be precisely the identical. It’s because there are numerous sorts of background checks. Background checks are typically used for various functions, equivalent to to confirm data {that a} job applicant has included of their job utility, equivalent to their instructional historical past, employment historical past, certification and title. 

Nonetheless, a legal background examine can be utilized equally to a police examine, as a legal background examine can decide whether or not an applicant has a legal document. 

Find out how to entry a police job examine?

You may apply for a nationwide police examine on-line utilizing the Australian Federal Police (AFP) police check webpage. The price of these digital nationwide police checks is $42.


In the end, employers can run job police checks on job candidates. Conducting police checks on job candidates could be a essential step in guaranteeing the protection and integrity of your office. As an employer, it’s your accountability to grasp and adjust to the related laws and laws surrounding police checks.

In the event you’re nonetheless feeling uncertain about when you’ll be able to run a job police examine on a job applicant, you must rent a lawyer for authorized recommendation. It’s because job police checks are topic to related laws and knowledge launch insurance policies. With the best authorized recommendation, you’ll be able to keep away from authorized penalties for breaching laws and privateness and discrimination laws.

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