Perth Anti-Discrimination Hiring Checklist

Labor and Employment Western Australia 3 Minutes Read ยท published February 11, 2026 Flag of Western Australia

Perth, Western Australia employers must design hiring processes that comply with state anti-discrimination law and minimise legal risk. This guide gives a practical checklist for job ads, selection, interviews and recordkeeping, explains who enforces employment discrimination rules in WA, and sets out steps to prevent, respond to and document complaints. Use this checklist to align recruitment with equal opportunity obligations, reduce exposure to claims, and ensure transparent, auditable decisions for every stage of hiring.

Checklist for Fair Hiring Practices

  • Draft job ads that state required skills and essential criteria only; avoid unnecessary personal attributes.
  • Set clear application deadlines and explain selection timeline.
  • Create standardised application forms or question sets for all applicants.
  • Use structured interview questions and scoring guides to reduce unconscious bias.
  • Provide an accessible contact for questions or reasonable adjustment requests.
  • Keep records of decisions, shortlists and assessment notes for at least 12 months.
  • Train hiring managers on prohibited grounds of discrimination and reasonable adjustments.
Documenting reasons for each hire helps defend decisions if a complaint arises.

Penalties & Enforcement

Employment discrimination in Western Australia is addressed under state equal opportunity legislation and enforced through the WA Equal Opportunity Commission (WA EOC) and, where applicable, state courts. Remedies, orders and penalties vary by case type and are set out in state legislation and enforcement guidance. WA Equal Opportunity Commission[1] and the WA legislation portal provide the controlling texts and procedural information. WA legislation[2]

  • Monetary penalties: not specified on the cited page.
  • Escalation: first, repeat and continuing offence ranges are not specified on the cited page.
  • Non-monetary sanctions: tribunal or commission orders, declarations, compensation awards, and court enforcement are possible depending on the statutory remedy.
  • Enforcer and complaint pathway: WA Equal Opportunity Commission handles complaints and enquiries; unresolved matters may progress to tribunal or court review. WA Equal Opportunity Commission[1]
  • Appeals and review: appeal routes and time limits depend on the decision-maker (commission or court); time limits are not specified on the cited page.
  • Defences and discretion: exemptions, reasonable and lawful occupational requirements, and requests for reasonable adjustments may apply where authorised by law or policy.
If you receive a discrimination complaint, preserve all application and interview records immediately.

Applications & Forms

The WA Equal Opportunity Commission manages complaints; there is no universal City of Perth employment discrimination form published on the linked state pages. For lodging a complaint or seeking guidance use the WA EOC contact routes referenced above. WA Equal Opportunity Commission[1] Fees for filing and specific form names are not specified on the cited pages.

Action Steps for Employers

  • Review and update job descriptions to state essential selection criteria.
  • Introduce a standard shortlisting and scoring form for all roles.
  • Document interview notes and retain records securely for defensible timelines.
  • Set up a clear internal complaints contact and escalation pathway.
  • Train hiring managers annually on discrimination law and reasonable adjustments.

FAQ

What laws apply to hiring discrimination in Perth?
The primary legal framework is Western Australia equal opportunity legislation, with complaints handled through the WA Equal Opportunity Commission; federal laws may also apply in some situations.
Who investigates discrimination complaints?
The WA Equal Opportunity Commission investigates and facilitates resolution; unresolved matters can proceed to tribunal or court processes.
Do I need to keep application records?
Yes. Keep applications, interview notes and assessment records to support transparent decision-making and to respond to any complaint.
Keeping standardised notes for each candidate reduces claims of unfair treatment.

How-To

  1. Define the role and essential selection criteria before advertising.
  2. Publish a clear application process and deadline.
  3. Use identical shortlisting questions and score each candidate against criteria.
  4. Run structured interviews and record answers and panel scores.
  5. Offer reasonable adjustments where requested and document the decision and reasons.
  6. Store records securely and publish internal review and complaint steps for applicants.

Key Takeaways

  • Standardise hiring steps to reduce bias and provide an audit trail.
  • Train hiring managers and document reasonable adjustment decisions.
  • Use WA Equal Opportunity Commission guidance when handling complaints.

Help and Support / Resources

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