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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.

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

Not-for-profit Law resources on recruitment

The following fact sheet includes information regarding:

  • what is discrimination?
  • whether anti-discrimination laws apply to your organisation and how this affects the way you recruit employees or volunteers
  • what happens if discrimination does occur, and
  • how to apply for an exemption from the provisions of the Equal Opportunity Act.

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 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

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.

Not-for-profit Law resources on recruitment

The following fact sheet includes information regarding:

  • what is discrimination?
  • do the anti-discrimination laws apply to my organisation and how does this affect the way I recruit employees or volunteers?
  • what happens if discrimination does occur? and
  • how can my organisation apply for an exemption from the provisions of the Anti-Discrimination Act?

Background screening of potential employees

It is important that your organisation undertakes screening and induction of 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

 

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