No Vacancies - Keep Application on File
Reviewed on 8/3/12
Who can use this correspondence
This correspondence can be used by all employers.
Commentary
The collection, use, storage, and disclosure of all personal information which is collected from job applicants is regulated by the Privacy Act 1988 (Cth) (the 'Act'), which requires employers to comply with the 10 National Privacy Principles (NPPs).
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Accordingly, if an employer wishes to keep a job seeker’s application on file for future consideration, the employer must comply with the Act and the NPPs.
The Act and NPPs require recipients of information to obtain the express consent of a job applicant to keep the individual’s application on file to be considered for future vacancies. The job applicant’s consent should not be presumed and ideally should be obtained in writing.
Whilst the attached letter will meet an employer’s general privacy obligations under the Act, specific legal advice should be sought in relation to privacy issues which may arise in relation to particular applicants from time to time.
Further information
Further information on how to use this document can be found at the 'How to use correspondence' link on the Correspondence page of the HR Advance website.
Important note to subscribers
The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.
If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.
After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants. |
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