The information sought from the applicant should relate to their qualifications and ability to perform the essential and desirable criteria for the job, and should not seek personal information unrelated to their ability to perform the role.
Inappropriate personal questions can influence decisions about an applicant's suitability for the job, and may result in unlawful discrimination. HR Advance offers subscribers a range of relevant policies listed under "Related Documents" to the right of this page, which provide further guidance in this area.
In summary, employers should be careful not to include questions in a job application form that relate to the following attributes of the applicant:
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sex;
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marital status;
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family or carer's responsibilities;
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pregnancy or plans to have children;
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age;
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disability, medical history, sick leave, or workers compensation record;
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racial background or country of birth;
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religion;
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political beliefs;
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trade union membership or attitude to unions;
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sexuality or sexual preference;
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transsexuality/transgender; and
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criminal record.
It is important to have in place a detailed job description prior to applications being called, as each job may require the form to be modified so that the applicant’s ability to perform the essential and desirable criteria can be assessed.
Essential and desirable criteria will usually include such things as educational qualifications, previous experience, and driver’s licence, as well as other skills which are essential or desirable for the person performing the job to have.
It is also a good idea to include questions relating to any special skills required for the job, eg truck driver’s licence, or any special working conditions, eg weekend work.
Where working outside the normal range or hours, overtime, weekend work or if interstate travel may be required, it is acceptable to ask if the applicant would be able to meet these requirements.
Photographs
Photographs of applicants should not be requested. A photograph may lead to recruitment decisions being made on the basis of the personal biases of the decision maker for discriminatory reasons, and for this reason is not recommended.
Disability/past workers compensation claims
Legal advice should be sought before asking any job applicant questions about their medical background, disability, and past or current workers compensation claims.
Criminal records
You should obtain advice if you intend to conduct a criminal records check, as discriminative issues can arise, and particular authorisation may be required from the job applicant to enable you to conduct the check.
Review
Job application forms should be reviewed regularly to ensure that they seek only information relevant to the job/position in question.
To ensure you achieve a policy that meets all your needs we suggest you obtain specific legal advice regarding the questions you ask.
Further information
Further information on how to use this document can be found at the 'How to use these forms' link on the Forms page of the HR Advance website.
