Forbidden Job Interview Questions (Australia)

What employers cannot ask and why

Australian employers must comply with Fair Work, privacy laws, and state/territory anti-discrimination legislation. That means any question that has no legitimate job-related purpose AND touches on a protected attribute or personal privacy is off-limits.

❌ 1. Questions About Protected Attributes

Under federal and state anti-discrimination laws, employers cannot ask questions that reveal or pressure a candidate to reveal protected characteristics, including:

Age

• “What year were you born?”

• “How old are you?”

• “What year did you graduate?” (Used as an age proxy)

Sex, Gender Identity or Sexual Orientation

• “Are you male or female?”

• “Do you identify as LGBTQI+?”

• “Are you planning any gender-affirming treatment?”

Relationship or Marital Status

• “Are you married/single?”

• “Do you live with a partner?”

• “Are you in a same-sex relationship?”

Pregnancy or Parenting

Illegal unless directly job-related (and even then, must be handled carefully).

• “Do you have kids?”

• “Are you planning to get pregnant?”

• “Will childcare be a problem?”

Family or Carer Responsibilities

• “Who looks after your kids?”

• “Will school pick-ups interfere with work?”

Race, Ethnicity, Nationality

• “Where are you from originally?”

• “What country were your parents born in?”

• “Is English your first language?”

(You may ask about language skills only if essential to the role.)

Religion

• “What religion are you?”

• “Can you work on Sundays or religious holidays?”

(Must instead ask: “The role requires weekend work — is that something you can do?”)

Disability, Medical Conditions or Mental Health

• “Do you have any health issues?”

• “Do you have a disability?”

• “Have you ever taken stress leave?”

Employers can only ask about inherent requirements of the job:

“Are you able to perform the essential duties of this role with or without reasonable adjustments?”

Political Views

• “Who did you vote for?”

• “Do you support [political party/cause]?”

Trade Union Membership

• “Are you part of a union?”

• “Would you join the union here?”

❌ 2. Questions That Breach Privacy or Are Excessively Intrusive

Medical History Not Relevant to the Job

• Past injuries

• Prescription medications

• Mental health history

• Genetic testing results

Protected under the Privacy Act and anti-discrimination law.

Criminal History Irrelevant to the Role

Employers can only ask for a police check when:

• the offence would be directly relevant (e.g., finance roles and fraud), AND

• they do not discriminate on irrelevant records.

Illegal or inappropriate:

• “Have you ever been arrested?” (Arrests ≠ convictions)

• “Tell me every crime you’ve ever been involved in.”

Financial Information

• “What’s your credit score?”

• “Do you have any debt?”

Only relevant for very specific regulated industries (e.g., banking).

Living Situation

• “Do you rent or own?”

• “Who do you live with?”

• “Do you live alone?”

Social Media Accounts

• “Can you give us your Facebook/Instagram login?”

• “We need to follow your private accounts.”

A major privacy breach under the Privacy Act and several state guidelines.

Lifestyle Questions

Unless directly tied to inherent job demands:

• “Do you drink alcohol?”

• “Do you smoke?”

• “Are you planning any major life changes?”

❌ 3. Questions That Indirectly Force Disclosure of Protected Attributes

Even if not asked outright, employers cannot use roundabout ways to discover protected information.

Examples:

• “Do you need any specific days off for personal or cultural reasons?” (May reveal religion)

• “What year did you start high school?” (Age proxy)

• “Do you have reliable childcare?” (Parental status)

✔️ What Employers Can Ask Instead

Employers are allowed to ask job-related questions tied to the inherent requirements of the role:

• “This role requires weekend shifts—can you meet this requirement?”

• “Are you legally allowed to work in Australia?” (Not: “Where are you from?”)

• “Can you perform these physical duties with or without adjustments?”

• “Do you hold the required license/certification for this role?”

If it’s not directly job-related, they shouldn’t ask.

A good rule of thumb for interviewers:

If you don’t need the information to judge whether someone can do the job, you shouldn’t ask for it.

And for candidates:

If a question makes you think, “Why do they need to know this?”, it’s likely illegal, discriminatory, or a privacy breach.