A reference check is when a hiring employer contacts people who have worked with you and asks about your work. A former employer can talk about your skills, performance, conduct, type of job and how long you worked there without breaching federal privacy law. If you applied for a private sector job and were turned down, you may be able to see what a referee said about you.
What is a reference check?
The hiring employer contacts the people you name as referees, by phone, email or an online form, and asks how you worked.
Banks that subscribe to an industry protocol also run a separate conduct background check. That is covered further down.
Who should you put down as a referee?
- Pick people who managed you or worked closely with you recently, and who can speak to the work the new job asks for.
- Ask each person before you list them, and send them the job ad so they know what to talk about.
- On your resume, you can list each referee's name, role, relationship to you and contact details, or write that referees are available on request. Ask first either way.
- Tell your referees when to expect a call, so the check doesn't hold up an offer.
What can an employer ask a referee?
The Fair Work Ombudsman tells employers giving references to keep their comments to the employment relationship. That includes your skills, performance, conduct, type of employment and length of employment.
It says it is generally not appropriate to disclose private information about a current or former employee, such as their medical history.
A hiring employer must not refuse to hire you because of a protected attribute under the Fair Work Act. These include age, disability, pregnancy, marital status, and family or carer's responsibilities. Not hiring someone, or offering them worse terms than other employees, is adverse action when it is done for one of those reasons.
What can a former employer say about you?
Information that relates directly to your employment. The Fair Work Ombudsman says an employer won't breach Commonwealth privacy laws by giving it. If you asked someone to be your referee, your consent can usually be assumed. If you didn't, the Ombudsman tells employers to consider asking for your consent before they disclose information about you.
A private sector employer's handling of your employee records is exempt from the Privacy Act when it is directly related to your current or former employment. The exemption doesn't cover Australian Government employee records, which the Privacy Act does cover.
Some employers have a policy of giving no references and only confirming that you worked there. The Fair Work Ombudsman suggests they tell the reference checker it is a general policy and not a reflection on you.
Can you see what a referee said about you?
You may be able to. The Office of the Australian Information Commissioner says that if you applied for a private sector job and were unsuccessful, you may be able to access information about you under the Privacy Act. That includes information relating to a referee's report.
In most situations you can also ask the organisation to correct that information, or attach a statement saying you think it is wrong.
An organisation that isn't your current or former employer has to consider its reasons carefully before refusing you access to a referee's report. It may be able to refuse in limited situations, for example if giving access would breach the law on confidentiality.
Ask the hiring employer in writing for the personal information it holds about you, including any referee's report. The Information Commissioner's office is on 1300 363 992.
What if a reference is bad or false?
Start with the privacy route above. Ask the hiring employer for the referee's report, and ask it to correct anything wrong or to attach your statement.
If you think you were turned down because of a protected attribute, that may be unlawful adverse action.
We found no official page that sets out what else you can do about a false reference, so get legal advice on your own situation.
Do banks check your conduct history?
Banks that subscribe to the Australian Banking Association's Conduct Background Check Protocol do. Since 2017, a subscriber hiring someone at the final stage must request a conduct background check from former employers that also subscribe, covering up to the past 5 years. It needs your consent first, using the protocol's standard consent wording.
Your former employer must say whether you:
- were dismissed because of misconduct
- resigned after being told you were under investigation
- have been told you are under investigation and haven't yet resigned or been dismissed.
Misconduct under the protocol means actual or alleged conduct that could be grounds for dismissal, of these kinds: bribery or corruption, fraud, material theft, dishonesty in financial and credit services or market integrity, material misuse of customer information, material breaches of consumer protection laws, and material breaches of internal policies on customer outcomes or compliance with financial services laws. Underperformance is not on that list. The hiring bank still decides whether to go ahead.
The protocol is an agreement between the organisations that subscribe to it, and it sits alongside the usual reference checks.
Will a future employer find out about a PIP or a dismissal?
It can. A referee from that employer may talk about your performance and conduct, because those relate directly to your employment. A bank that subscribes to the protocol will learn about a dismissal for misconduct of the kinds listed above.
Before you leave a job after a PIP or a dispute:
- Ask what your employer will say to reference checkers, and whether it has a policy of only confirming dates and job title.
- Get any agreed reference wording in writing.
- Line up referees from that job who saw your work, such as a former manager or a senior colleague.
- Prepare a short, truthful explanation of why you left, in a sentence or two.
If you are on a PIP now, our guide to how long a PIP should last covers what a fair process looks like. If you were let go early in a job, see whether you can be fired during probation.
What did TAC readers tell us?
We asked our community whether a future employer can find out about a PIP or a dismissal.
Many said the informal call to someone who knows you matters more than the formal check.
I'd be more worried about 'informal' ref checks. We all know the hr ones are lip service. It's the mate at your old firm the hiring manager has that will be your undoing. So it depends how widely your reason for leaving was known.
People call me for informal conversations about people they are considering hiring as our industry is small and I've been in it for 20 years. I'm very diplomatic and only speak to what I know not what I've heard.
No, but doesn't stop any potential hire from simply calling your former employer and confirming employment, length of tenure, reason for leaving etc. especially if it's your most recent/relevant experience but you're not using a reference from it.
I've recently been through a similar process and yes, the HR team would provide a different formal response to reference checks based on whether the employee resigned or was terminated. Simple way around this is to provide a reference outside of official channels (e.g. a colleague you work closely with who would provide a genuine reference)
I'm surprised at the responses as most big 4 and ABA banks require hectic background checks which include a referral from direct manager. Mine included 2 pages of questions for my manager so plenty of opportunity for the PIP to surface. Always be honest. ...
This is general information, not legal advice. Your contract, an exit agreement or your employer's policy may set out what it will say about you.
Sources
- Fair Work Ombudsman, Workplace privacy best practice guide (what a reference should cover, private information such as medical history, no breach of Commonwealth privacy laws, consent, no-reference policies, privacy principles apply to unsuccessful candidates' references, read 8 October 2026)
- Fair Work Ombudsman, Protection from discrimination at work (protected attributes, prospective employees, not hiring someone and offering worse terms as adverse action, read 8 October 2026)
- Office of the Australian Information Commissioner, Employment (access to information after an unsuccessful application, correction and statements, referee's reports, when access may be refused, Australian Government employee records, phone number, read 8 October 2026)
- Office of the Australian Information Commissioner, Employee records exemption (private sector only, does not cover unsuccessful job applicants, read 8 October 2026)
- Australian Banking Association, Conduct Background Check Protocol and the protocol document, version 14.0 (established 2017, 5 year request period, consent, what is disclosed, the definition of misconduct, the hiring bank's discretion, read 8 October 2026)
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