How To Create An Employment Application Form Template In Australia

Hiring can be time-consuming if every manager asks different questions or captures different details.

An employment application form template streamlines your hiring, keeps records consistent and helps you collect the right information upfront - all while staying compliant with Australian law.

In this guide, we’ll walk you through what you can and can’t ask in Australia, the essential sections to include in your template, privacy and data obligations, and a simple step-by-step process to build a form you can use across your business.

Why Use An Employment Application Form?

A well-structured application form sets the tone for a fair and professional hiring process.

It also makes life easier for you and your team. Here’s how:

• Consistency across roles and hiring managers - everyone collects the same core data.
• Better and faster screening - comparable answers help you shortlist quickly.
• Compliance support - a form can include required consents, declarations and a privacy notice.
• Cleaner records - centralised information supports audit trails and Fair Work obligations.
• Candidate experience - a clear form shows you are organised and respectful of their time.

What Can You Legally Ask On An Application Form In Australia?

In Australia, you must avoid questions that directly or indirectly discriminate under federal and state anti-discrimination laws. This usually includes questions about age, sex, sexual orientation, relationship status, family responsibilities, pregnancy, disability (unless it relates to inherent job requirements), race, religion or political opinion.

It’s okay to ask questions about whether the applicant can perform the inherent requirements of the role, their availability, work rights, qualifications and experience. However, steer clear of loaded or intrusive questions that don’t relate to the job.

If you’re unsure whether a question is appropriate, review common illegal interview questions and adjust your form accordingly.

Essential Sections To Include In Your Employment Application Form Template

You can build your template in Word, Google Forms or your applicant tracking system. The key is to include sections that help you make a lawful and informed decision - and nothing more.

• Position Details: Role title, location, employment type (full-time, part-time, casual) and a brief summary of key duties or inherent requirements.
• Applicant Details: Full name, preferred name, contact details and suburb/state. Avoid collecting sensitive personal information unless it’s necessary and lawful.
• Right To Work In Australia: A simple yes/no plus visa type and expiry if applicable. You can also ask for permission to verify work rights later.
• Qualifications & Experience: Education, licences, certificates, memberships, years of experience and a short skills summary tailored to the role.
• Inherent Requirements & Adjustments: A question confirming the applicant can perform the role’s inherent requirements, with an option to request reasonable adjustments.
• Availability & Work Preferences: Start date, preferred hours/roster, ability to work weekends/public holidays (if relevant), and location flexibility.
• Referees: Names, roles, relationship and contact details for two recent professional referees.
• Declarations: Consent to contact referees, a declaration that information is true and correct, and any conflicts of interest or prior employment restrictions the applicant wishes to disclose.
• Privacy Collection Notice: A short statement explaining why you’re collecting personal information, how you’ll use it, who you may disclose it to (e.g. background check providers) and how applicants can access or correct their information.
• Optional EEO Questions: If you collect any equal employment opportunity data for diversity reporting, make it clearly optional and separate from selection criteria.

Right To Work And Background Checks

It’s common to include a consent box allowing you to verify work rights, credentials and, where relevant and lawful, criminal history or Working With Children Check details.

Only conduct checks that are proportionate to the role and comply with privacy and anti-discrimination laws. Ask for consent before you proceed and explain why the check is necessary.

Referees And Reference Checks

Make it clear that by providing referee contact details, the applicant authorises you to contact them. You can include a tick-box to capture explicit consent.

Keep your reference notes factual and job-related, and store them securely as part of the recruitment record.

Declarations And Conflicts

Include a short declaration that the information supplied is true and that providing false information may lead to withdrawal of an offer or termination.

For certain roles, you may also ask the applicant to disclose any conflicts of interest or restraints (for example, an existing non-compete) that could affect the role - noting that not all restraints are enforceable and should later be assessed against your Employment Contract.

Drafting Your Privacy Collection Notice And Managing Candidate Data

Most businesses collecting candidate information need a clear privacy collection notice and a publicly available Privacy Policy. Even if the Privacy Act does not strictly apply to your business, adopting best-practice privacy processes builds trust and reduces risk.

Your collection notice (placed at the top or bottom of the form) should cover at least:

• What personal information you’re collecting (e.g. contact details, CV information, referee details).
• Why you’re collecting it (to assess suitability and manage recruitment).
• Who you may share it with (e.g. referees, background check providers, HR tech platforms, related entities).
• Whether any information will be disclosed overseas (if your HR system is hosted offshore).
• How applicants can access or correct their information, and how to make a complaint.
• How long you’ll retain data and when you’ll securely delete it if the applicant is unsuccessful.

For a robust notice, consider implementing a dedicated Privacy Collection Notice and aligning it with your company-wide Privacy Policy and data retention practices.

If you receive a request from a candidate to access or correct their data, be ready with a straightforward process (some businesses use an Access Request Form to streamline this).

Can You Record Interviews Or Conduct Phone Screens?

Many small businesses run phone screens or online interviews. If you plan to record a call or video interview, you must comply with Australian surveillance and listening device laws, which vary by state and territory.

Get explicit consent from the candidate before you record any call. For a primer on consent and state differences, see the overview of phone call recording and broader recording laws in Australia.

Practical tip: if you’re not recording, say so and stick to thorough notes taken by the interviewer. Notes should be objective, job-related and stored securely.

From Application To Offer: Keep Your Documents Consistent

Your application form, interview questions, screening process and offer documents should align - inconsistencies create risk and confusion for candidates and your managers.

Once you’re ready to hire, put the terms in writing with a tailored Employment Contract that reflects the role, award coverage (if any), pay, hours, confidentiality and any post-employment restraints you intend to rely on.

Be careful with pre-contract communication. A signed or even emailed letter of offer can be binding in some contexts - see how letters of offer can be legally binding and how verbal offers may create obligations. To reduce risk, ensure your offer clearly states it’s subject to conditions such as satisfactory reference checks, work rights verification and acceptance of the contract.

Step-By-Step: Build Your Employment Application Form Template (Australia)

1) Define The Inherent Requirements Of The Role

List the essential tasks, physical requirements (if any) and competencies. This helps you frame lawful, job-related questions and informs your adjustments process.

2) Decide What You Actually Need To Collect

Collect only information you need at the application stage (e.g. contact details, work rights, qualifications). You can gather additional details later in the process if the candidate progresses.

3) Draft Clear, Plain-English Questions

Use short, open questions focused on skills and experience. Avoid sensitive or intrusive questions that are not strictly job-related.

4) Add A Privacy Collection Notice And Consent

Insert a concise collection notice in the form and include a tick-box consent for contacting referees and conducting lawful background checks. Make sure this aligns with your Privacy Policy.

5) Include Right-To-Work And Availability Questions

Ask if the candidate has the legal right to work in Australia, and confirm availability (days/times, start date, ability to work weekends or shifts if relevant).

6) Provide Space For Reasonable Adjustments

Invite applicants to tell you if they need adjustments during recruitment to participate fully. This supports a fair process and helps you meet your obligations.

7) Set Up Referee Details And Declarations

Capture two referees and add a short declaration regarding the accuracy of information supplied. Include any conflicts or restraint disclosures the applicant wishes to raise.

8) Pilot Your Form Internally

Test the form with a manager and HR/operations. Check that questions are clear, relevant and non-discriminatory, and that the data flows into your hiring process. Update based on feedback.

9) Choose Your Format And Storage

Whether you use a web form, PDF or ATS, ensure data is stored securely, access is limited to authorised staff, and you have a documented deletion timeline for unsuccessful candidates.

10) Train Your Hiring Managers

Share a short guide covering your application form, prohibited questions, note-taking standards and escalation points. This is a great moment to refresh what counts as illegal interview questions under Australian law.

Good Practice Tips For Compliant, Fair Recruitment

• Separate “must have” criteria from “nice to have” criteria and ask questions accordingly.
• Stick to role-relevant questions and avoid sensitive topics unless necessary and lawful.
• Use structured questions for consistency and less bias.
• Document objective reasons for shortlisting and keep records secure.
• Align every step - form, interviews, offers - to your Employment Contract and policies.

Frequently Asked Questions

Can I Ask About Criminal History On The Application Form?

Only if it’s relevant to the inherent requirements of the role and you have consent. For example, roles working with vulnerable people may require a check. If you do ask, explain why it’s needed and how you’ll handle the information.

Do I Need To Keep Unsuccessful Applications?

Keep recruitment records for a reasonable period to respond to queries or claims, then securely delete them. Your Privacy Policy should outline your retention approach.

Can I Use The Same Form For Contractors?

You can adapt it for expressions of interest, but contractor engagements raise different legal issues around control, tax and entitlements. If you’re weighing up how to classify a role, get Employee vs Contractor advice before you proceed.

Key Takeaways

• An employment application form template helps you hire consistently, fairly and efficiently across your business.
• Ask job-related questions only and avoid topics that could be discriminatory; review common illegal interview questions before you publish your form.
• Include a privacy collection notice, right-to-work questions, referee consent, and an accuracy declaration aligned with your Privacy Policy.
• Get consent before recording interviews and be mindful of state differences in recording laws.
• Move from application to offer with a clear, tailored Employment Contract, and be careful with pre-contract statements as letters of offer and verbal offers can be binding.
• Train hiring managers on your template and process so every candidate gets a lawful and consistent experience.

If you’d like a consultation on designing an employment application form template for your business - and aligning it with your Privacy Policy, interview process and Employment Contracts - you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.