Can you lawfully screen a job candidate for
a criminal record?
Monday, 29th September 2014, by Loran McDougall
In today's Workplace Bulletin:
When recruiting, you want to make sure you get the best person for the job. There are numerous pre-employment screening methods available to help you with this – but that doesn’t always mean you can lawfully use them all.
Today’s bulletin focuses on criminal record checks.
A criminal record check is a document that outlines a person’s criminal history, including:
Before you go ahead with a criminal record check on a prospective employee, ensure that:
But just quickly...
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Until next time,
4 things you must do to lawfully undertake a
criminal record check
by Charles PowerWhen requesting a criminal record check from a prospective employee, ensure that you do the following things:
Editor-in-Chief, Employment Law Practical Handbook
Make sure the conviction is relevant
To avoid a complaint being made against you, ensure that a conviction is relevant to the inherent requirements of the job before you ask a candidate to disclose criminal record information. For example, it would be relevant to check for a criminal history of fraud if you are an employer in the finance industry.
The inherent requirements of a job are the essential activities of that job, not peripheral or non-essential tasks. If you removed an inherent requirement of a job, it would be a different job.
Collect the information with the candidate’s consent
When requesting a criminal record check from a candidate, do the following things:
In all States and Territories other than Victoria and South Australia, it is unlawful to discriminate against someone with a ‘spent conviction’.
‘Spent’ means that the conviction no longer forms part of the person’s publically accessible criminal record, because a specified period of time has passed with no further convictions.
Spent convictions schemes are designed to ensure that a person is not indefinitely burdened with the stigma of a criminal conviction.
Have a process in place to keep the information secure
You must take reasonable steps to protect the information from:
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понедельник, 29 сентября 2014 г.
Австралия (трудовые отношения). Информация о криминальном прошлом работника. В каком порядке следует ее получать.