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No Vacancies - Keep Application on File

Version 1.0 Updated 19 Mar 2018
Correspondence Recruitment

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 from job applicants is regulated by the Privacy Act 1988 (Cth) (the 'Act'), which requires some employers (including Australian, ACT and Norfolk Island government agencies and certain private sector organisations) to comply with the Australian Privacy Principles (APPs).

Accordingly, if an employer wishes to keep a job seeker’s application on file for future consideration, the employer must comply with the Act and the APPs. This will include complying with requirements relating to storage and security of the personal information.
 
The Act and APPs require recipients of information to obtain the express consent of a job applicant to keep the individual’s application on file to be considered for future vacancies. The job applicant’s consent should not be presumed and ideally should be obtained in writing.
 
Employers should tread carefully when requesting a job applicant to provide information. Employers should only request information that is reasonably necessary for the job application. The APP places more stringent obligations on employers when they request and handle ‘sensitive information’. The types of information which will be considered ‘sensitive information’ include information about an applicant’s race or ethnic origin, health information, political opinions, criminal records, religious beliefs etc.
 
Job applicants have the right to request a copy of or to access their personal information under the Act and APPs. Job applicants also have the right to correct their personal information. Employers who do not allow job applicants to copy, access or correct their personal information may be in breach of the Act.
 
Whilst the attached letter will meet an 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.

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