Hiring panels are never involved nor allowed to see any information collected as part of pre-employment screening.

Assessing an adverse conduct history

If a candidate has a history of misconduct, the consideration panel must assess if this will:

  • affect the candidate’s ability to do the inherent requirements of the role
  • create an unacceptable level of risk.

The candidate has a right to natural justice, which means:

  • you give them a way to respond to any declaration of misconduct and provide any further information they think is relevant
  • you protect them from unlawful discrimination

You also need to assess the risk of any claims the candidate may make against your recruitment processes and have a robust process in place.

Only rule out candidates where their history of misconduct is relevant to the inherent requirements of the role and level of risk.

The consideration panel will assess this on a case-by-case basis against these criteria:

  • circumstances of the candidate at the time of the conduct
  • nature and seriousness of the conduct
  • relevance of the conduct to the position applied for
  • risk to the Victorian public sector and the Victorian community
  • time that has elapsed since the conduct took place
  • type and severity of any penalty imposed
  • if there’s a pattern of behaviour
  • any evidence of rehabilitation including subsequent work experience
  • other information including references from persons who are aware of the conduct history

The consideration panel will advise the hiring panel whether the candidate is suitable to employ or not.

If hiring managers don’t make an offer due to misconduct

If you decide not to offer a candidate the role based on the advice of the consideration panel, record this decision and any supporting evidence with HR on the selection report.

The candidate has a right to natural justice.

This means where they’re eligible, they can use your existing appeals or complaints process about any decision you make about their misconduct

You must let any internal review or complaints process finish before you offer the role to another candidate.

You still need to screen your next preferred candidate.

If you do make an offer despite misconduct

If you decide there is a low level of risk for the organisation and offer a candidate the role, record this decision and any supporting evidence with HR on the selection report.

You can then continue your normal recruitment process and complete all other pre-employment screening required.

Incomplete conduct history

If there’s not enough evidence to assess the candidate, you must make a risk-based judgement and record your decision and any supporting evidence with HR.