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The candidate collection notice: what recruiters must tell applicants (APP 5)

If your agency is an APP entity, APP 5.1 requires such steps (if any) as are reasonable in the circumstances, at or before you collect a candidate's personal information or, if that is not practicable, as soon as practicable after, to make the candidate aware of the APP 5.2 matters: who you are, why you are collecting it, who you usually disclose it to, and how they can access it or complain. For a recruiter this bites in two easy-to-miss places: the many points where you collect candidate data, and the fact that those matters apply even when you collect information about a candidate from someone else, like a referee.

By Jon Oates, Founder of Privaproof · Last updated

General information, not legal advice. Privaproof is not a law practice.

Where recruiters actually collect candidate data

A collection notice has to cover the real collection points, not just a form. For an agency those usually include:

APP 5.1 sets the timing at or before each of these collections or, if that is not practicable, as soon as practicable after, which in practice means a clear collection notice on the application path and a plan for the third-party points below.

What the notice has to cover

Under APP 5.1, take such steps (if any) as are reasonable in the circumstances to make the candidate aware of the APP 5.2 matters, which include:

The part generic templates miss: collecting from third parties

If you take up references, you collect information about a candidate from someone else: a referee, a current or former employer, a verification provider. APP 5.2(b) is written for exactly that, and it has two limbs. It bites where you collect the information from someone other than the individual, and also where the individual may not be aware you have collected it, which is what catches sourcing from a job board or a public profile. The matter you have to make them aware of is the fact that you collected it and the circumstances of that collection. Does your current notice say anything at all about referees or sourced profiles?

Two overlaps to get right

Common questions

A privacy policy and a collection notice do different jobs. The policy is the general standing document; the collection notice is the specific, at-the-point-of-collection notice of the APP 5.2 matters. Two of those matters, (g) and (h), are satisfied by the policy holding the access, correction and complaint information, which is why you point to it. The rest, including your purposes and your usual disclosures, still have to reach the candidate under APP 5.1.

Do we need a notice for a candidate who just emails us a CV?

This is the case the timing rule anticipates: where notice at or before collection is not practicable, APP 5.1 sets the time as soon as practicable after. A brief acknowledgement that points to your privacy policy and explains how you will use their details and who you may share them with is the practical way to take those steps.

What about referees, do we notify them too?

A referee is also an individual whose personal information you collect (their name, role and what they tell you), so your handling of referee information also engages the APPs. Keep your notice and purpose clear for referees as well as candidates.

This is general information and document templates you tailor to your own business, not legal advice. Privaproof is not a law practice and does not provide legal advice. For advice on your specific circumstances, consult a qualified Australian legal practitioner.

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