How to Handle Negative Criminal Record Checks

1. HOW TO HANDLE NEGATIVE CRIMINAL RECORD CHECKS IT’S A HUMAN RIGHTS ISSUE The first thing you need to know about criminal record checks in Australia is that they do fall under human rights laws and protections. They’re allowed, and before you can run any of these types of checks on prospective employees, you need to get their consent. not automatically IS IT RELEVANT? If your prospective employee has provided consent for a criminal background check and you find something negative in their past, you need to be sure it’s relevant before you let it impact any decisions. EMPLOYEES HAVE TO DISCLOSE DON’T If you are hiring for a position where you have not requested a criminal check, don’t assume that employees are required to disclose their past to you. Legally speaking, they have no obligation to volunteer any information, except under extraordinary circumstances, such as if they are applying to work with children and have a child abuse conviction. YOU ARE REQUIRED TO BE UPFRONT While employees don’t have to consent to checks or volunteer information about their past, employers are required to note that criminal record checks are required when they advertise. If you are going to request a check, make sure information in your initial advertisement, so candidates are forewarned. you include that WWW.AISINTL.COM.AU