How to conduct reference checks
A complete guide to conducting effective employment reference checks that comply with Australian privacy and anti-discrimination laws. Includes sample questions and a template to simplify your hiring process.
Written by
Georgia Morgan
General information only – not legal advice
This guide provides general information about conducting employment reference checks in Australia. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.
Why conduct reference checks?
Reference checks are a crucial part of the hiring process that help verify a candidate's employment history, assess their past performance, and identify potential red flags before making an offer.
Under Australian law, reference checks must comply with the Privacy Act 1988 and anti-discrimination legislation. This means obtaining consent, asking job-related questions only, and storing information securely.
6 steps to conducting reference checks
Follow these steps to conduct effective, lawful reference checks.
Obtain candidate consent
Get written permission from the candidate before contacting any referees to comply with privacy laws.
Tips:
- Include consent in your job application form or as a separate document
- Explain what information you will seek and from whom
- Privacy Act 1988 requires consent for collecting personal information
- Keep consent records on file for compliance purposes
Prepare relevant questions
Develop job-related questions that help assess the candidate's suitability without breaching privacy or anti-discrimination laws.
Tips:
- Focus on job performance, skills, and work behaviours
- Avoid questions about health, family status, religion, or other protected attributes
- Ask about attendance, punctuality, and reliability if relevant to the role
- Prepare follow-up questions for common responses
Contact professional referees
Reach out to previous employers or supervisors who can speak to the candidate's work performance.
Tips:
- Prioritise recent direct supervisors over personal references
- Verify the referee's identity and relationship to the candidate
- Introduce yourself and explain the purpose of the call
- Schedule a convenient time if the referee is busy
Ask structured questions
Use consistent questions for all candidates to ensure fair comparison and avoid discrimination claims.
Tips:
- Confirm employment dates and position held
- Ask about key responsibilities and achievements
- Inquire about strengths and areas for development
- Ask "Would you rehire this person?" (a good summary question)
Document responses accurately
Record referee feedback objectively and store securely in compliance with privacy requirements.
Tips:
- Use a standardised reference check form for consistency
- Record facts, not opinions or assumptions
- Note date, time, and referee details for each check
- Store records securely and retain only as long as needed
Evaluate and decide fairly
Consider reference feedback alongside other selection criteria to make a balanced hiring decision.
Tips:
- Don't rely solely on references - use with interviews and assessments
- Seek clarification if feedback is vague or concerning
- Consider that some employers only confirm employment dates
- Document your reasoning for the final decision
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Reference check questions to ask
Use these job-related questions as a starting point for your reference conversations.
Employment verification
- Can you confirm the candidate's employment dates?
- What was their job title and main responsibilities?
- What was the reason for leaving?
Performance assessment
- How would you rate their overall job performance?
- What were their key strengths in this role?
- Were there any areas where they needed development?
Work behaviours
- How did they handle pressure or tight deadlines?
- How did they work with colleagues and supervisors?
- Were there any concerns about attendance or punctuality?
Summary questions
- Would you rehire this person if given the opportunity?
- Is there anything else relevant to this role I should know?
- How does their performance compare to others in similar roles?
Questions to avoid
These questions could breach anti-discrimination laws. Use the alternatives provided instead.
| Don't ask this | Why it's problematic | Ask this instead |
|---|---|---|
| Are they married or do they have children? | Family status is a protected attribute under anti-discrimination laws | Are they able to work the required hours for this role? |
| Have they had any health issues or time off sick? | Health/disability status is protected; could indicate discrimination | Were they generally reliable and available during their employment? |
| What is their age or when did they graduate? | Age is a protected attribute; questions shouldn't reveal it | Do they have the experience required for this role? |
| What is their religion or cultural background? | Race and religion are protected attributes | No alternative needed - not relevant to employment |
| Are they planning to have more children? | Pregnancy/family planning discrimination is unlawful | No alternative needed - not relevant to employment |
Important: Questions that reveal or relate to protected attributes (age, race, religion, disability, pregnancy, family status, sexual orientation) can expose your business to discrimination claims even if asked at the reference check stage.
Reference check tips
Follow these practices for effective, compliant reference checking.
Get written consent
Always obtain candidate permission before contacting referees to comply with privacy laws.
Use consistent questions
Ask the same core questions to all referees to ensure fair comparison between candidates.
Focus on job relevance
Only ask questions directly related to the candidate's ability to perform the role.
Document everything
Keep accurate records of all reference conversations for compliance and decision-making.
Protect privacy
Store reference information securely and only retain it as long as necessary.
Check multiple referees
Contact at least two professional referees to get a balanced view of the candidate.
Related guides
More HR and employment resources.
Frequently asked questions
- Yes, under the Privacy Act 1988, you should obtain the candidate's consent before collecting personal information from referees. We recommend include consent in your application form or obtain written permission separately.
- You should not ask questions that could reveal protected attributes such as age, race, religion, disability, pregnancy, family status, or sexual orientation. These questions could expose your business to discrimination claims under anti-discrimination laws.
- Yes, referees can give honest negative feedback as long as it is truthful and relates to work performance. However, referees should avoid defamatory statements (false statements that damage reputation). Many employers now only confirm employment dates to avoid legal risk.
- Keep records for at least 2 years for unsuccessful candidates (in case of discrimination claims) and for the duration of employment plus 7 years for successful candidates. Follow your state's record-keeping requirements.
Regulatory sources
This guide is aligned with official Australian workplace regulations.
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