Can Employers Use Them on Job Candidates?

The method of hiring workers could be difficult as giving somebody accountability in what you are promoting requires a specific amount of religion. As an employer, you want to know whether or not you possibly can belief your staff to make sure that your office is protected and safe in your workers, clients, and purchasers. 

Specifically, that is essential should you require your workers to work with weak individuals such because the aged, sick individuals, and younger kids. Due to this fact, it could be tempting to conduct job police checks on job candidates to maintain these related to what you are promoting protected. Nevertheless, there are some authorized necessities that must be considered earlier than you conduct a job police test.

Whether or not you possibly can 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 elements that must be considered when figuring out whether or not it’s authorized to conduct a police test 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 elements that decide whether or not you possibly can conduct a job police test, and solutions to different often requested questions. 

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

Why are police job checks essential?

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

  • This course of is crucial to making sure a protected and reliable work atmosphere
  • In some instances, 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 chargeable for the conduct of the worker
  • Job police checks are integral to the protection and well-being of the broader neighborhood by retaining workplaces protected 
  • From a enterprise perspective, it’s in an employer’s finest curiosity to make sure the status of the enterprise stays constructive. Due to this fact, it’s essential to minimize elements which will harm this constructive status
  • Employers may discover it useful to conduct a police test on candidates to cut back the danger of theft, fraud, and different felony exercise by them

What are the elements that decide whether or not you possibly can conduct a job police test on a job applicant in Australia? 

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

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

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

Which forms of employment are job police checks permitted in?

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

  • Kids
  • Susceptible individuals, i.e. the aged and sick (hospitals, nursing properties and many others.)
  • Safety positions
  • Positions of belief
  • Authorities roles
  • Authorized positions like attorneys, law enforcement officials, and corrective providers
  • Social work
  • Charities
  • Residential or aged care
  • Educating 

This listing is non-exhaustive and doesn’t embody all jobs. Nevertheless, it’s typically the case that roles requiring a better want for belief in regards to the welfare of others require job police checks. Many of those jobs would require it by legislation, 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 test. 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 test
  • The employer will get the consent of the job applicant to do a police test
  • They’ll show that the requirement of the police test is cheap inside the context of the function

When to ask for a job police test?

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

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

What are the authorized implications of a job police test?

If an employer can’t fulfill the necessities for requesting a job police test, this may end up in  each discriminatory and privateness breaches. It is important that employers conduct their hiring processes in a good and non-prejudicial method. It is usually finest observe for employers to concentrate on what data an employer can legally request from job candidates and workers. 

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 could be drawn, there are events that blur the boundaries. It’s important for employers to guard themselves, their companies, and the neighborhood. 

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

Continuously Requested Questions (FAQs)

What’s a police test?

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

Is a background test the identical as a police test?

Background checks and police checks usually are not precisely the identical. It’s because there are numerous forms 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 academic historical past, employment historical past, certification and title. 

Nevertheless, a felony background test can be utilized equally to a police test, as a felony background test can decide whether or not an applicant has a felony report. 

Find out how to entry a police job test?

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


Finally, 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 rules surrounding police checks.

Should you’re nonetheless feeling uncertain about when you possibly can run a job police test on a job applicant, it is best to rent a lawyer for authorized recommendation. It’s because job police checks are topic to related laws and data launch insurance policies. With the correct authorized recommendation, you possibly can keep away from authorized penalties for breaching rules and privateness and discrimination laws.