Perth Fair Hiring Obligations - Employer Checklist

Employers in Perth, Western Australia must follow fair hiring principles that combine municipal expectations with state and federal anti-discrimination and workplace laws. This checklist explains common obligations, practical steps for recruitment, records to keep, complaint pathways and how to respond to inspections or allegations. It is aimed at small and medium employers, HR teams and hiring managers operating in the City of Perth area.

Key obligations for employers

Perth employers should design recruitment processes that prevent direct and indirect discrimination, ensure reasonable adjustments for applicants with disability, maintain privacy of applicant records and keep objective selection criteria. Common practical measures include job descriptions that focus on essential requirements, advertising that avoids exclusionary language, anonymised shortlisting where feasible, and document retention policies.

• Create clear, written job criteria focused on essential duties and skills.
• Use inclusive language in adverts and state that reasonable adjustments are available on request.
• Keep interview notes and scoring records for at least 12 months to evidence objective decisions.
• Train hiring managers on unconscious bias and relevant legal obligations.

Penalties & Enforcement

Responsibility for enforcing fair hiring and anti-discrimination matters in Perth commonly involves state agencies and courts. Where municipal action applies (for example, local recruitment policies or contractor procurement conditions), the City of Perth may enforce its own policies and contract terms. For state or federal discrimination or workplace breaches, complaints are usually handled by the Western Australian Equal Opportunity Commission or federal tribunals as applicable. Current details referenced in official sources are noted as current as of February 2026.

• Monetary penalties: specific fine amounts for discrimination or unlawful termination are not specified on the municipal policy pages; refer to state or federal legislation and agencies for statutory penalties.
• Escalation: first, repeat and continuing offence treatments are not specified on City policy pages and depend on the enforcing instrument (state act or federal law).
• Non-monetary sanctions: possible orders include compensation, reinstatement, compliance directions, contract remedies, and court injunctions, depending on the enforcing body and legal instrument.
• Enforcer and complaint pathways: state Equal Opportunity bodies and federal workplace regulators commonly accept complaints; municipal compliance units or rangers enforce local bylaw or contractor requirements—see Help and Support / Resources below for official contacts.
• Appeals and review: appeal or review routes depend on the agency or court; time limits vary by instrument and are not specified on municipal policy pages (seek the relevant agency guidance promptly).
• Defences and discretion: statutory defences or exemptions (for example genuine occupational requirements or permitted conduct under specific licences) depend on the controlling legislation or contract terms and must be checked against the relevant act or policy.

Applications & Forms

For general recruitment there is typically no municipal “hiring licence” form; formal forms appear where a specific permit, contractor registration or procurement prequalification is required. Where no municipal form is published for fair hiring obligations, none is required at a City level for ordinary employment recruitment—use state or federal complaint forms if making an enforcement complaint.

Practical compliance checklist

• Publish job descriptions listing essential criteria only and retain versions used for each hire.
• Record shortlisting decisions and interview notes and store securely for at least 12 months.
• Offer reasonable adjustments on request and document any agreed adjustments.
• Provide training for staff involved in recruitment on discrimination law basics.
• Include anti-discrimination clauses in contractor and procurement documents where applicable.

FAQ

Can an employer ask about criminal history on an application form?

Employers may ask but should limit questions to roles where a criminal history is a genuine occupational requirement and must comply with privacy and anti-discrimination obligations.

How long should recruitment records be kept?

Retain shortlisting and interview records for at least 12 months to respond to any complaints or audits, unless a specific retention period is required by another law.

Who enforces complaints about discrimination during hiring in Perth?

State equal opportunity bodies and federal workplace regulators typically handle discrimination or unfair dismissal complaints; municipal compliance units may act on local policy breaches.

How-To

1. Define essential selection criteria in writing before advertising.
2. Advertise inclusively and state that reasonable adjustments are available.
3. Shortlist using the written criteria and score each applicant consistently.
4. Document interview outcomes and notify unsuccessful candidates professionally.
5. If a complaint arises, preserve records and follow the relevant agency complaint procedure.

Key Takeaways

• Use objective, documented criteria and keep recruitment records.
• Provide reasonable adjustments and train hiring managers.
• Refer complaints to the appropriate state or federal enforcement body as needed.

Help and Support / Resources

• City of Perth - official site
• Equal Opportunity Commission WA
• Western Australian Legislation
• Fair Work Ombudsman