Who can use this correspondence

This correspondence can be used by all employers.

Commentary

The collection, use, storage and disclosure of all personal information which is collected by an employer from job applicants is regulated by the Privacy Act 1988 (Cth) (the 'Act'), which requires that the employer comply with the Australian Privacy Principles ('APPs').

Whilst the attached letter will meet the employer’s general privacy obligations under the Act, specific legal advice should be sought in relation to privacy issues which may arise in relation to particular applicants from time to time.

The Act and APPs require the employer to obtain the express consent of a job applicant to keep the individual’s application on file to be considered for other positions within the organisation. The job applicant’s consent should not be presumed and ideally should be obtained in writing.

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