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 resources 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. 

Privacy obligations

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

Background screening and Working with Children Checks

Not-for-profit Law has produced comprehensive guides on Working with Children Checks. The guides for each state and territory are published on our webpage on background checks

Other resources

Australian Human Rights Commission Vicarious Liability Fact Sheet

This fact sheet contains guidance and resources for employers to prevent discrimination and harassment in the workplace.

Last Updated: 15 July 2020