Questions To Ask A Referee In Australia

Hiring the right person can transform your business. But even with strong interviews and skills tests, it’s often the referee who helps you confirm whether a candidate will thrive in your team.

Reference checks don’t need to be awkward or time-consuming. With a clear plan, the right questions, and a compliant process, you’ll get reliable insights and reduce hiring risk.

This guide walks you through how to run referee calls the right way in Australia - including a structured list of questions to ask a referee, privacy and discrimination rules to watch, and simple ways to document and store feedback.

What Is A Referee Check (And Why Does It Matter)?

A referee check is a short call (or email exchange) with someone who has directly managed or worked closely with your preferred candidate. Your goal is to confirm capability, validate claims made in interviews, and assess fit against your team’s values and the actual role.

Done well, reference checks can:

• Reduce the risk of a poor hire by validating past performance and workplace behaviour.
• Surface strengths and development areas you can support from day one.
• Protect culture by checking alignment with your values and communication style.

It’s worth aligning your reference questions to the exact responsibilities and success measures you’ll put in the candidate’s Employment Contract. This keeps your assessment focused on role requirements rather than personal impressions.

What Laws Do You Need To Follow When Checking Referees?

Reference checks involve personal information and employment decision-making, so a few legal guardrails apply in Australia. Keep these in mind:

Privacy And Consent

• Get the candidate’s clear consent before contacting referees. Ideally, include consent in your application form and confirm it again when finalists are selected.
• Only collect referee information you reasonably need for hiring, and store it securely. Your Privacy Policy should outline how you collect, use and store personal information across recruitment.
• If you collect referee details directly from a candidate or from the referee themselves, align your notices with a short, plain-English Privacy Collection Notice.

Anti-Discrimination And Fair Questions

• Referee questions must relate to the candidate’s ability to perform the inherent requirements of the role.
• Avoid topics that could breach discrimination laws (e.g. race, sex, age, disability, pregnancy, religion, sexual orientation). If you’re unsure what’s off-limits, review examples of illegal interview questions - the same logic applies to reference checks.

Recording Calls

• Don’t record a referee call without complying with applicable surveillance and listening device laws. In many cases, everyone on the call must consent to being recorded.
• If you plan to record for accuracy, first read up on business call recording laws and get express consent from both the referee and the candidate.

It’s also smart to put a simple recruitment or hiring policy in place so your team follows a consistent, compliant process. This can sit alongside your broader Workplace Policy framework.

How To Run Structured, Compliant Reference Checks

A structured approach delivers better insight and protects your business. Here’s a simple blueprint you can follow:

1) Define The Role And Success Criteria

Before you pick up the phone, be clear about what “good” looks like in this role over the first 3-6 months. Think capabilities, outputs, and behaviours that matter most in your environment.

• List 5-7 core competencies (e.g. stakeholder management, reliability, problem solving).
• List 3-5 key outcomes expected in the first quarter.
• Note any non-negotiables (licences, availability, tools experience).

Align these criteria with what you plan to include in the Employment Contract, position description, and onboarding plan.

2) Get Candidate Consent And Confirm Referee Details

Confirm the candidate’s consent in writing, and ask for:

• The referee’s full name, role title, and organisation.
• How they worked with the candidate (reporting line, projects, duration).
• Best contact details and preferred time to talk.

Optionally, ask the candidate to give referees a heads-up so they expect your call and can prepare examples.

3) Prepare A Focused Question Set

Use the question list below and tailor it to your role’s success criteria. Keep questions neutral, job-related and behaviour-based (“Tell me about a time when…”).

4) Open With Context And Consent

Briefly explain the role, your business, and what you’re looking to confirm. Reconfirm the referee’s consent to proceed (and to any recording or note-taking method you’re using).

5) Ask, Listen, Probe

Ask open questions, take clear notes, and probe for examples. You’re looking for specific behaviours, not general impressions.

6) Close The Loop And Store Notes Securely

Finish by thanking the referee, and ask if they’re happy for you to contact them again if something needs clarifying. Store your notes securely in line with your Privacy Policy and access controls.

45+ Job-Ready Questions To Ask A Referee (By Topic)

Choose the sections that best fit your role. You won’t need every question - aim for 10-15 strong prompts plus follow-ups.

Relationship And Role Context

• How did you work with the candidate (reporting line, projects, team size)?
• How long did you work together and in what timeframe?
• What was the candidate’s role title and key responsibilities?
• What did success look like in that role?

Performance And Results

• What are the candidate’s top strengths related to the role we’ve discussed?
• Can you share an example of a project or task they delivered particularly well?
• How did they perform against KPIs or targets? Any metrics you can share?
• When deadlines were tight, how did they prioritise and deliver?
• What level of supervision did they need to perform effectively?

Communication And Stakeholder Management

• How would you describe their communication style?
• How did they handle difficult stakeholders or customers? A specific example helps.
• Did they collaborate effectively across teams or functions?
• How receptive were they to feedback?

Problem Solving And Initiative

• Tell me about a time they solved a complex problem. What was their approach?
• When processes were unclear, how did they find a way forward?
• Did they suggest improvements or innovations? What was the impact?

Reliability And Work Ethic

• How reliable were they with time commitments and deliverables?
• How did they handle pressure or competing priorities?
• Were there any concerns about punctuality or attendance?

Team Fit And Values

• How did they contribute to team culture and morale?
• What kind of environment do they perform best in?
• Which values or behaviours stood out (e.g. accountability, customer focus)?

Leadership (If Applicable)

• How did they lead people or projects? Any examples of delegating effectively?
• How did they manage performance conversations or coaching?
• How did they handle conflict or difficult decisions?

Technical Competence (Role-Specific)

• Which tools, systems or frameworks did they use day to day?
• How quickly did they learn new systems?
• Did they produce quality work that met required standards?

Development Areas And Support

• What were the main development areas identified during your time working together?
• What support or resources helped them improve?
• If they joined our team, what would you recommend we do in the first month to set them up for success?

Role Match And Rehire

• Based on what you know about our role, how strong is the match on a scale of 1-10? Why?
• Would you rehire this person if you had the opportunity? What role would be the best fit?
• Is there anything else you think we should consider as we make our decision?

Compliance-Friendly, Careful Questions

Stay firmly focused on job performance. Avoid asking about health status, family situation, age, religion or similar protected attributes. If you’re unsure whether a question crosses the line, cross-check against examples of illegal interview questions and reframe to focus on role requirements.

How To Document, Store And Use Referee Feedback

Referee notes are personal information, so treat them with care.

• Take objective notes tied to the job criteria. Avoid subjective labels (“bad attitude”); instead record observable examples (“missed 3 deadlines in May; improved with weekly check-ins”).
• If you record calls, ensure you’ve read relevant call recording laws and have consent from all parties before hitting record.
• Limit access to reference check notes on a “need-to-know” basis and store them securely under your Privacy Policy.
• Set a reasonable retention period for unsuccessful candidates and securely delete data once it’s no longer needed for hiring or to resolve disputes.

It also helps to train your hiring managers on privacy basics using your Employee Privacy Handbook, so everyone handles applicant data consistently.

Common Mistakes To Avoid

A few easy-to-avoid missteps can undermine your reference checks or create legal risk.

• Skipping consent: Don’t contact a referee without the candidate’s permission.
• Vague, unstructured calls: Without a focused question set, you’ll get anecdotes rather than actionable insight.
• Leading questions: Avoid questions that push for a desired answer; use neutral, open prompts instead.
• Discriminatory topics: Keep questions tied to the job. Steer clear of protected attributes and personal life.
• Recording without consent: If in doubt, don’t record. Where you do record, follow the relevant recording laws and capture express consent first.
• Inconsistent process: Apply the same approach for all shortlisted candidates to support fairness and defensible hiring decisions.
• Poor data hygiene: Align with your Privacy Collection Notice and Privacy Policy for storage, access, and deletion.

Should You Email A Questionnaire Or Call The Referee?

Both methods can work - choose based on your timeline, the seniority of the role, and how nuanced your questions are.

• Phone or video calls let you probe and clarify. They’re best for leadership roles or complex responsibilities.
• Email forms create a paper trail and are efficient for high-volume hiring or straightforward roles, but you may miss valuable colour without follow-up calls.

Whichever method you use, keep it consistent for candidates in the same round and make sure your team understands the process. If your hiring is scaling, consider codifying your approach in a lightweight recruitment policy that sits alongside your broader Workplace Policy suite.

When To Get Legal Help

If you’re establishing your first hiring process, building out policies, or navigating a sensitive situation (e.g. a contested reference, discrimination risks, or escalations), it’s worth speaking with an Employment Lawyer.

A lawyer can help you create a compliant template script, align your recruitment practices with your contracts and policies, and reduce risk across the whole hiring lifecycle.

Key Takeaways

• Plan your reference checks around the job’s core competencies and the deliverables you’ll reflect in the Employment Contract.
• Get candidate consent, avoid discriminatory topics, and follow consent rules if you plan to record calls.
• Use a structured, behaviour-based question set to draw out specific examples from referees.
• Document notes objectively, store them securely, and align with your Privacy Policy and Privacy Collection Notice.
• Apply a consistent process across candidates and train your team to reduce risk and bias.
• Consider legal advice to set up compliant hiring policies and scripts, and to manage sensitive or escalated checks.

If you’d like a consultation on setting up compliant, effective reference checks for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.