The easy guide to employee background checks in Australia
In this article
An employment background check helps Australian employers confirm a candidate’s qualifications, reduce risk, and protect the safety and integrity of the workplace.
But there’s a fine line between doing due diligence and crossing into legally sketchy territory.
In this guide, we cover the background check essentials so you can run employment background checks compliantly and with confidence.
The laws that apply to pre-employment background checks
Before you start screening candidates, it’s important to know which laws apply and what they allow:
Privacy Act 1988 (Cth): This law, along with the Australian Privacy Principles (APPs), sets the rules for how you collect, store, and use personal information. It's your responsibility to get a candidate’s informed consent, collect only what’s relevant to the job, and protect that data from misuse.
Anti-discrimination laws: These laws make it illegal to treat someone unfairly based on protected characteristics. For instance, age, disability, sex, race, or religion. You can’t reject a candidate based on background check results unless the information is directly relevant to the job.
Spent conviction schemes: In most parts of Australia, people don’t have to disclose certain old convictions once they’ve stayed offence-free for a set time. This is usually 10 years for adults or five years for juveniles. In Western Australia, though, convictions don’t expire on their own. The person has to apply to have them spent under the Spent Convictions Act 2021 (WA).
Are employment background checks mandatory?
Background checks aren't a legal requirement for every role. Whether you need to run one comes down to the job, the industry, and the level of responsibility.
Here are some roles that require mandatory checks under Australian or state law:
Education, childcare, and healthcare: Anyone who works with children or vulnerable people must hold a Working With Children Check (WWCC) or equivalent clearance. Note that each state and territory runs its own WWCC scheme, with different renewal timelines and fees.
Aged care: You need to run a criminal record check before hiring staff or volunteers.
Security, defence, and finance: These industries require strict screening or licensing under their own regulatory frameworks.
Other regulated roles: Jobs in aviation, corrections, disability support, and law enforcement also have their own background check or clearance requirements.
Even when the law doesn’t require it, many employers still run thorough background checks as part of their hiring process. They use them to confirm employment history, verify educational credentials, and check that new hires meet the standards of the role.
Types of checks employers can conduct
The checks you run should fit the role you're hiring for. Some are legal requirements. Others are optional but still useful when done lawfully, with consent, and for a clear business reason.
Type of check | What it reveals | Compliance notes |
|---|---|---|
Identity verification | Confirms a candidate is who they claim to be, usually by verifying government-issued ID documents. | You can request an ID to confirm identity before other checks. Always handle copies securely and destroy them once verification is complete. You don’t need separate written consent if the candidate provides ID voluntarily. But you must tell them why you require it and how you’ll store it. |
National Police Check | Shows disclosable criminal convictions and pending charges across all Australian jurisdictions. | You must get the candidate’s written consent before requesting a police check. You can only run this check if it’s relevant to the job. Respect spent conviction laws. You can’t consider offences that are legally spent or don’t relate to the role. |
Working With Children Check (WWCC) | Confirms whether a person is cleared to work or volunteer with children. | This check is mandatory for anyone who works with children or vulnerable people. Candidates need to apply for their own clearance and give you permission to verify it. Each state or territory runs its own scheme. |
VEVO (Visa Entitlement Verification Online) check | Verifies a candidate’s legal right to work in Australia. | You can run a VEVO check only if the person isn’t an Australian citizen. You must get their consent before checking visa status. Always record the result and re-check if the visa has an expiry date. |
Employment and reference checks | Confirms a candidate’s employment history and performance in previous roles. | You can contact previous employers for employment history verification only if the candidate has given consent. Keep the discussion focused on work history and job performance to avoid breaching privacy or discrimination laws. |
Education and qualification verification | Confirms that degrees, licences, and certifications are genuine. | You must have the candidate’s permission to verify their educational credentials. Contact institutions or use an authorised verification provider, and keep records for compliance. |
Credit history or financial check | Reveals credit defaults, bankruptcy, or financial misconduct relevant to finance or fiduciary roles. | You can only run a credit check for roles that involve financial decision-making or access to funds. You must get explicit written consent. And the check must meet the requirements of the Privacy Act 1988 (Cth) and the Credit Reporting Code. |
Health or medical assessment | Confirms whether a candidate can safely perform the inherent requirements of the role. | You can only request a health assessment after making a conditional offer. Get written consent, explain why it’s needed, and restrict the assessment to job-related capacity. Store medical information separately and securely. |
Social media or online review | Reviews publicly available information about a candidate’s professional conduct or reputation. | You can view public content only. Never request private account access or passwords. You need to tell candidates if online checks are part of your process. Avoid making decisions based on personal opinions or protected characteristics. |
Civil litigation or bankruptcy check | Identifies involvement in civil cases or personal insolvency. | You can only run these checks for roles where integrity and financial standing are essential. For example, senior finance or governance positions. You need to get written consent and consider context before using results in a hiring decision. |
Can you run background checks on contractors?
Yes. You can run background checks on contractors in Australia. But only when the checks make sense for the work they do. Unnecessarily invasive checks that don’t relate to the work can create legal exposure and damage your company’s reputation.
If a contractor is going to handle sensitive data, work with vulnerable people, or represent your business publicly? Then, you have the same responsibility to manage compliance risks as you do with employees. That means running relevant checks, like criminal history, identity, and qualification verifications, before engagement.
You still need to get written consent and follow the same privacy and discrimination laws that apply to employees. And make sure you always tell contractors what information you plan to collect and why. A good approach is to include the background screening process in the contractor agreement.
Background check timing and consent
It's important to run background checks at the right stage of the hiring process. This is usually after you’ve shortlisted candidates or made a conditional offer.
In Australia, you must get consent before running any background check that involves collecting, using, or disclosing a candidate’s personal or sensitive information.
Always document consent. A signed or digital form is your best proof of compliance.
8 background check mistakes to avoid
Small errors or oversight can turn into compliance issues pretty quickly. Here are some of the most common mistakes to avoid:
- 01Collecting excessive data
Only collect information that directly relates to the job.
- 02Failing to get explicit consent
Always get written permission before running any check that uses personal or sensitive data.
- 03Using irrelevant checks
Don’t run checks that don’t fit the role, for instance, a credit report for a retail assistant.
- 04Automatically rejecting anyone with a criminal record
Assess each case individually and focus on whether the offence is relevant to the role.
- 05Ignoring spent conviction protections
You can’t consider convictions that are legally spent or no longer disclosable.
- 06Failing to protect candidate data
Store all background check information securely and restrict access to those who need it.
- 07Not allowing access or correction
Candidates have the right to review their results and fix errors before you make a final decision.
- 08Forgetting to renew required checks
Some checks expire, so you need to track renewal dates to stay compliant.
Simplify hiring and background checks with Rippling
Rippling brings every part of the hiring process together, from background checks to onboarding, in one connected platform.
You can request, track, and securely store background checks alongside candidate records, contracts, and payroll details. And all within the same system. Because HR, Payroll, and IT run on a single source of truth, every change you make updates everywhere automatically.
That means less admin, fewer compliance risks, and a faster start for every new hire!
Employment background check FAQs
Are background checks legal in Australia?
Yes. Background checks are legal when you follow the Privacy Act 1988 (Cth) and relevant anti-discrimination laws.
How to request a National Police check?
Either you or the candidate can request a National Police Check, depending on the process. Employers can use the Australian Criminal Intelligence Commission (ACIC) or an ACIC-accredited agency to run criminal background checks (with the candidate’s written consent).
Many job seekers choose to apply for the check themselves and share the result with the employer.
Can I reject a candidate because of a criminal record?
You can only reject a candidate after a criminal history check if the offence has a clear connection to the job. For instance, a fraud conviction might be relevant for a finance role, but not for a warehouse position.
Automatically excluding people with a record could put you on the wrong side of anti-discrimination laws. So, you should always assess the context, time passed, and relevance to the role before deciding.
Do different industries require different employment checks?
Yes, the checks employers run depend on the role and industry. For example, employers check the backgrounds of potential employees in education, aged care, healthcare, or finance differently to those in hospitality or retail.
Some roles require criminal or working-with-children clearances. Others rely more on reference checks or verifying past employment to confirm a candidate’s experience. You need to be transparent with job seekers about which checks are part of the process.
How long can I keep background check data?
You should keep background check data only for as long as you need it for hiring or legal purposes. Once you’ve made a decision, delete or securely archive the information according to your organisation’s data retention policy.
Holding onto this information for longer than necessary can breach privacy law and expose your business to unnecessary risk.
Disclaimer
Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
Author
The Rippling Team
Global HR, IT, and Finance know-how directly from the Rippling team.
Explore more
The easy guide to employee background checks in Thailand
When hiring employees in Thailand, a background check is vital. Read on to learn about running comprehensive and legally compliant employee background checks in Thailand.
The easy guide to employee background checks in India
When hiring employees in India, a background check is vital. Read on to learn about running comprehensive and legally compliant employee background checks in India.
The easy guide to employee background checks in Ireland
When hiring employees in Ireland, a background check is vital. Read on to learn about running comprehensive and legally compliant employee background checks in Ireland.
The easy guide to employee background checks in Canada
When hiring employees in Canada, a background check is vital. Learn more about running comprehensive and legally compliant employee background checks in Canada.
The easy guide to employee background checks in Lithuania
When hiring employees in Lithuania, a background check is vital. Read on to learn about running comprehensive and legally compliant employee background checks in Lithuania.
The easy guide to employee background checks in the UK
When hiring employees in the UK, a background check is vital. Read on to learn about running comprehensive and legally compliant employee background checks in the UK.
The easy guide to employee background checks in the Philippines
Ensure compliant hiring in the Philippines with vital background checks. Learn how to conduct thorough screenings with our easy guide.
Protecting IP ownership and rights in Argentina: 5 things employers need to know
If you’re growing your team in Argentina, you need to safeguard your competitive edge: your company’s intellectual property. Read our primer and learn how to protect your company's IP rights and ownership.
See Rippling in action
Increase savings, automate busy work, and make better decisions by managing HR, IT, and Finance in one place.