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... If you subscribe to the Employment Law Practical Handbook, you’ll be familiar with the Workplace Helpdesk. This is a service that provides direct email access to an experienced employment lawyer whenever you need it. It’s like having your own legal team on hand – without the outrageous invoices. Click here to find out how you can try it FREE, starting today. Until next time, Loran McDougall Editor Workplace Bulletin
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4 things you must do to lawfully undertake a
criminal record check
by Charles Power
When 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:
Charles Power Editor-in-Chief Employment Law Practical Handbook
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