When applying for a job, companies may conduct background checks in Australia to determine your suitability. Employers use this method to protect themselves and to learn more about potential employees. If an employee does harm to another person, the employer may be held liable.
However, there are many rules that limit the types of checks that employers can do and when they can do so.
If the employer does a background check in Australia, it must be done equally to everyone. Verification cannot be based on race, gender, or religion. If your employer does not treat you fairly, you can file a lawsuit with the Australian Human Rights Commission. You must first complete the labour complaint information form.
The employer can do the following five background checks:
- Check your references.
- Drug testing
- Verification of the Internet and social networks
- Criminal background check
- Credit check
Reference check
The employer will often check your references to make sure that the information on your resume and application is correct. For example, you may be asked by a previous employer about the date you were hired.
Drug testing
Some occupations, such as driving or aviation, may require a drug test. Drug tests are neither encouraged nor forbidden in NSW, Australia, but if you are in a drug rehab program, your employer may ask you to take one. However, you cannot take such an examination just because you belong to a particular group, for example, race or religion. After a job offer, your employer may ask you to take a drug test and an alcohol test. This inspection is free of charge.
Check the Internet and social networks
Employers can contact you by looking at your published social media posts. However, you cannot ask for a password or other account-related information.
Criminal background check
The employer will not be able to inquire about your criminal record. We can also not use this information to make hiring decisions. Some companies prohibit you from asking if you have a criminal record.
Federal and state laws also say that employers can’t ask about criminal records that have been erased, sealed, or given administrative forgiveness or amnesty.
However, there are also exceptions. If you apply for the following employment, the employer can examine your criminal record even if it is closed.
- Armed guards
- Carnival employees
- Day care or child care workers?
- Medical personnel
- Local government personnel
- Locksmiths
- Private detective
- School employees
Credit check
The employer may not make an employment decision based on your credit history. The following actions are prohibited:
- Ask about your credit history and credit reports.
- Request credit information from a credit bureau.
- They may refuse to hire you or hire you on the grounds of your credit history or reports.
- Make a distinction against you because you have declared bankruptcy.
There are also exceptions. Employers in NSW may conduct a credit check if:
- Unmonitored access to cash and assets is required for the job.
- It is an executive position.
- Confidential treaties and confidential information are involved in the work.
In order to apply for bank job, you need to have a solid credit history. Your employer may inquire about your credit history.
What should I do if my application is rejected due to background checks?
- If the non-adoption is the result of a background check, there is not much you can do.
- If the reason was that your social media post was inappropriate, you can’t sue.
- If the drug test is positive, the employer may not be held liable. But you can’t ask for an exam because of your race or religion.
- If the result of a positive test was caused by a prescription drug you were using, you can sue for handicap discrimination.
- Some people may ask about your past convictions, but the employer may not ask about your past arrests. If you get turned down for a job, it must be because of something in your criminal record. You can file a complaint with the Department of Employment and Workplace Relations if your employer breaks the law.
- Employers cannot make decisions based on your credit. If you have bad credit, they can check your credit history. If there was a violation of the law, you can file a lawsuit.
Can I refuse background checks?
Some reference checks are accepted. It may be better not to refuse them. Social media checks are allowed unless the employer asks for your password.
If you believe that the drug test was requested because of your race, religion, or other comparable factors, you have the right to refuse the drug test. If this inspection violates your privacy, you have the right to object. You can also object if the drug use is irrelevant.
If the employer wants your arrest record, you can easily refuse. If a private company employer has more than 15 workers, they can’t ask about your criminal history. In NSW, Australia, most private businesses are not allowed to ask about your criminal history. The employer has permission to ask these questions, but you can also refuse if you do so before the job interview for the conditional offer of employment.
You have the option to refuse to answer any inquiries about your credit. However, there are a few cases where strong credit.