Not-for-profit Law
Legal help for community organisations

Recruitment and engagement of employees

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Recruiting and engaging employees raises a number of important legal issues for organisations.

Your organisation needs to bear in mind a number of different laws when it recruits employees. These include laws about equal opportunity and discrimination, the Australian Consumer Law, laws about screening potential candidates, and privacy laws. 

This page provides resources outlining legal obligations in relation to recruiting employees, discrimination in recruitment and screening checks. 

In line with best risk management practices, once recruited, an employee should be inducted, undergo appropriate training and provided with copies of all policies, procedures and other documents relevant to the role.

Business Victoria has published some introductory videos about induction and training for employees that are relevant to organisations in all jurisdictions: 

It has also developed a Human Resources manual template for Victorian organisations (again this is also a useful resource for organisations outside of Victoria).

Legal obligations when recruiting employees

The following fact sheet includes information regarding:

  • the recruitment process
  • anti-discrimination and consumer law considerations
  • screening procedures, and
  • privacy.

Discrimination in recruiting employees

The following fact sheet is for Australian not-for-profit organisations and includes information on:

  • what is discrimination?
  • do the anti-discrimination laws apply to my organisation?
  • what is discrimination lawful?
  • best practice tips to avoid complaints of discrimination in employment or offering employment, and
  • complaint processes. 

The Not-for-profit Law privacy page has further information on privacy obligations.

Background screening of potential employees

It is important that your organisation undertakes screening and induction of employees and volunteers in a thorough and systematic way. Certain background checks are requried by law (under legislation or contract) and others are discretionary.

Not-for-profit Law has produced a comprehensive guide on Screening Checks which includes information on: 

  • Working with Children Checks**
  • Police Checks (sometimes called National Police Checks or Criminal Record Checks)
  • interstate and overseas screening
  • other types of screening checks, and
  • recent child safety law reforms relevant to screening. 

Please note we are in the process of updating our Screen Checks Guide to take account changes to Working with Children Check laws that commenced on 1 August 2018. You can read about these changes here.

Extra resources

Your organisation needs to bear in mind a number of different laws when it recruits employees. These include laws about equal opportunity and discrimination, laws about screening procedures, and privacy laws. There are also Commonwealth laws which prohibit discrimination on the basis of sex, age, disability and race. 

The following fact sheets and web pages will help your organisation in the recruitment process.

 

Background screening of potential employees

It is important that your organisation undertakes screening and induction of employees and volunteers in a thorough and systematic way. Certain background checks are requried by law (under legislation or contract) and others are discretionary.

Not-for-profit Law has produced a comprehensive guide on Screening Checks which includes information on: 

  • Working with Children Checks
  • Police Checks (sometimes called National Police Checks or Criminal Record Checks)
  • interstate and overseas screening
  • other types of screening checks, and
  • recent child safety law reforms relevant to screening. 

Extra resources

 

Background screening of potential employees

It is important that your organisation undertakes screening and induction of employees and volunteers in a thorough and systematic way. Certain background checks are requried by law (under legislation or contract) and others are discretionary.

Not-for-profit Law has produced a comprehensive guide on Screening Checks which includes information on: 

  • Blue Card Checks
  • legal obligations under Blue Card Checks
  • Blue Card Check applications
  • what a Blue Card Check does
  • Police Checks, and
  • other checks. 

Background screening of potential employees

It is important that your organisation undertakes screening and induction of employees and volunteers in a thorough and systematic way. Certain background checks are requried by law (under legislation or contract) and others are discretionary.

Not-for-profit Law has produced a comprehensive guide on Screening Checks which includes information on: 

  • Working with Children Clearances (WWC Clearances)
  • legal obligations under WWC Clearances
  • WWC Clearance applications
  • what a WWC Clearance does
  • Police Checks, and
  • other checks. 

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