Background Check Documents: What Employers Need

Employers in Australia are expected to collect and verify a specific set of documents before a new hire begins work. The exact combination depends on the role, the industry, and the candidate's circumstances — but the core obligations apply to virtually every employer. Errors at the documentation stage can expose an organisation to civil penalties under the Migration Act 1958, negligent hiring claims, regulatory sanction, and privacy breaches under the Privacy Act 1988. This guide sets out which documents are required, how to verify them, and where the law draws the line on what employers can and cannot ask for.

This article is for informational purposes only and does not constitute legal advice. Regulatory references are accurate as of the publication date. Consult a qualified professional for guidance specific to your situation.

Which documents do Australian employers need for background checks?

The documents required for a compliant pre-employment background check in Australia fall into five categories: identity documents, work rights evidence, tax and superannuation records, criminal history checks, and role-specific checks such as Working With Children Checks and professional registration verification. Not every category applies to every hire, but identity and work rights checks are universal obligations.

The single most important principle is that all document checks must be applied consistently to every candidate for the same role. Selective checking based on a candidate's perceived nationality, ethnicity, or accent constitutes unlawful discrimination under the Racial Discrimination Act 1975 (Cth) and the Fair Work Act 2009 (Cth).

Identity verification: the 100-point ID check

The 100-point identification system is the most widely used identity verification framework in Australia for employment and regulated service contexts. It requires a candidate to present original documents that collectively achieve 100 points. The breakdown is as follows.

The most common combination is an Australian passport or birth certificate (70 points) plus a driver licence (40 points), which reaches the required threshold. For candidates without a passport, a birth certificate plus driver licence plus one additional document achieves 135 points and satisfies the requirement with margin.

The 100-point system is a verification framework, not a strict legal prescription for employment identity checks in all sectors. However, it is widely accepted as best practice and is mandated for certain regulated activities such as financial services onboarding. Employers should sight original documents — photocopies are not sufficient at the verification stage — and retain a clear copy along with a record of the date the check was performed.

For candidates presenting foreign identity documents, the employer should sight the original passport and cross-reference it with a VEVO work rights check (see below).

Work rights verification: VEVO

Every employer must verify that a candidate has the legal right to work in Australia before employment begins. The Migration Act 1958 (Cth) makes it a civil and criminal offence to allow a person without work entitlement to perform work. Civil penalties can reach AUD 99,000 per individual and AUD 495,000 per body corporate.

The recommended verification method for all visa holders is the Visa Entitlement Verification Online (VEVO) system, operated by the Department of Home Affairs. VEVO provides real-time confirmation of a person's visa type, work conditions, and visa expiry date directly from government records.

Employers can access VEVO through three routes:

• VEVO for organisations: direct employer access using the candidate's passport number, date of birth, and visa grant number or ImmiCard number. Register at immi.homeaffairs.gov.au.
• myVEVO app: the candidate shares their visa details directly with the employer via the Department of Home Affairs mobile app.
• ImmiAccount: employers with an ImmiAccount can access VEVO through the portal.

For Australian citizens, VEVO is not applicable — citizens do not hold visas. The employer should instead sight an Australian passport, Australian citizenship certificate, or a full Australian birth certificate combined with a second identity document.

Retain a copy of each VEVO result, including the date the check was performed. For temporary visa holders, set a diary reminder well before the visa expiry date to conduct a follow-up check.

Tax File Number and superannuation

Two tax-related documents are required from every new employee in Australia: a Tax File Number (TFN) declaration and a superannuation fund choice form.

TFN declaration: Employees are not legally required to disclose their TFN, but if they do not provide it within 28 days of their start date, the employer is required under the Income Tax Assessment Act 1936 to withhold tax from all earnings at the highest marginal rate plus the Medicare levy — currently 47%. In practice, virtually all employees provide their TFN. The TFN declaration form is available from the Australian Taxation Office (ATO).

Superannuation choice form: Employers must provide eligible employees with a Standard Choice Form within 28 days of employment commencing. Employees can nominate their preferred super fund; if no choice is made, the employer must contribute to the employee's stapled super fund (their existing fund) or a default fund. Super contributions must begin within the first pay cycle. The ATO administers the stapled super fund lookup service via the employer's online services account.

Neither the TFN nor the super fund details constitute a background check document in the traditional sense, but both are mandatory onboarding documents that HR teams manage alongside identity and work rights evidence.

Criminal history checks

There is no universal legal requirement for Australian employers to conduct a police check on every employee. However, police checks are legally mandatory for roles involving vulnerable people (children, aged care residents, NDIS participants), and are standard practice in financial services, security, legal, and government roles.

The two main types of criminal history check in Australia are:

Australian Federal Police (AFP) National Police Check: a national check conducted by the AFP that covers all Australian convictions and findings of guilt. Individuals can apply at afp.gov.au, or employers can use an accredited body under the Australian Criminal Intelligence Commission (ACIC) framework to obtain checks in bulk.

State and territory police checks: some states and territories have their own police checking services. The result of a national check covers records held across all jurisdictions.

For roles involving children or young people, a Working With Children Check (WWCC) is required rather than — or in addition to — a standard police check. The WWCC is state-based and each jurisdiction has its own system and card name.

Working With Children Check by state and territory

The WWCC is mandatory for paid and volunteer roles involving direct contact with children in education, childcare, sport and recreation, health services, and religious organisations. Employers must verify that the check is current and was issued in the relevant state or territory before the employee commences work. Interstate checks are not automatically recognised in all jurisdictions — verify the current mutual recognition arrangements in your state.

NDIS Worker Screening Check

For roles that involve direct support or contact with participants in the National Disability Insurance Scheme (NDIS), the NDIS Worker Screening Check is a separate mandatory requirement. It is managed through each state and territory's screening unit but uses a national database, meaning a clearance obtained in one state is recognised nationwide. The employer must verify that the worker holds a current clearance before they begin working with NDIS participants.

Role-specific checks: financial services and regulated professions

Certain industries impose additional background check requirements on employers.

Financial services: Under the Corporations Act 2001 and ASIC Regulatory Guide 104, Australian Financial Services (AFS) licensees must conduct fit and proper person assessments for responsible managers and key personnel. These checks include criminal history, bankruptcy searches via AFSA (Australian Financial Security Authority), and a search of the ASIC registers for any prior banning orders or disqualifications. The AML/CTF Act 2006, administered by AUSTRAC, also requires reporting entities (banks, fintechs, remittance dealers) to conduct appropriate employee due diligence.

Legal professionals: Admission to practice law in each state and territory is managed by the relevant state law society or bar association. Employers hiring solicitors or barristers must verify current practising certificate status with the relevant body (e.g., Law Society of NSW, Law Institute of Victoria, Queensland Law Society).

Healthcare: Registration with the Australian Health Practitioner Regulation Agency (AHPRA) is mandatory for most clinical roles. Employers can verify registration status free of charge via the AHPRA online register.

Education: Teacher registration is state-based and administered by bodies such as NESA (NSW), the Victorian Institute of Teaching (VIT), and the Queensland College of Teachers (QCT).

Qualification verification

Verifying academic qualifications is not universally mandated by statute, but it is standard practice for roles where a qualification is a stated requirement. Our analysis of over 65,000 HR dossiers found a 6.1% false qualification rate — roughly 1 in 16 candidates misrepresented a credential. The consequences range from regulatory breach (where the qualification is legally required) to poor performance and negligent hiring liability.

For qualifications awarded by Australian universities, My eQuals is the preferred verification platform, providing verified digital credentials from participating institutions that employers can check in real time.

For overseas qualifications, the employer should request an assessment from the relevant skills assessment authority:

• VETASSESS: general skilled migration and trades
• AITSL (Australian Institute for Teaching and School Leadership): overseas teaching qualifications
• Engineers Australia: engineering qualifications
• AQF (Australian Qualifications Framework): provides equivalency context for qualifications at all levels

Our automated verification platform reduces qualification check processing time by 83% compared to manual review, while maintaining a full audit trail for regulatory purposes.

Privacy obligations: the Privacy Act 1988 and Australian Privacy Principles

The collection, use, and storage of employee background check documents is regulated by the Privacy Act 1988 (Cth) and the thirteen Australian Privacy Principles (APPs) administered by the Office of the Australian Information Commissioner (OAIC).

Key obligations for employers conducting background checks include:

APP 3 — Collection of solicited personal information: Employers must only collect personal information that is reasonably necessary for the purpose (i.e., the employment relationship). Collecting information beyond what is required for the role — such as financial history for a non-financial role — is likely to breach APP 3.

APP 5 — Notification of collection: At the time of collecting personal information, or as soon as practicable afterwards, the employer must notify the candidate of the purpose of collection, how the information will be used, and to whom it may be disclosed (e.g., background check providers or professional licensing bodies).

APP 11 — Security of personal information: Background check documents, including copies of identity documents and police check results, must be stored securely and protected from misuse, interference, loss, and unauthorised access or disclosure.

The OAIC publishes specific guidance on employee records and the employment exemption at oaic.gov.au. Note that the employee records exemption under the Privacy Act does not apply at the recruitment stage — APP obligations apply in full until the employment relationship commences.

Record retention: Under the Fair Work Act 2009 and the Fair Work Regulations 2009, employers must retain employee records for seven years. Background check documentation collected during onboarding should be retained for at least this period and disposed of securely thereafter.

Anti-discrimination obligations under the Age Discrimination Act 2004, Sex Discrimination Act 1984, and applicable state laws also restrict the types of information an employer can request. Requiring candidates to disclose spent convictions (in jurisdictions with spent convictions legislation), asking for date of birth beyond what is needed for a WWCC, or requesting information about family status or pregnancy are examples of requests that may give rise to discrimination complaints.

Building a compliant background check documentation process

A well-designed pre-employment documentation process reduces legal risk, accelerates onboarding, and creates the audit trail required by regulators and the Fair Work Ombudsman.

Define document requirements by role category. Map each position type to the documents required: identity (all roles), work rights (all roles), TFN declaration and super choice (all employees), police check (regulated or high-trust roles), WWCC or NDIS check (child or disability services roles), professional registration (licensed professions), and qualification verification (where the qualification is a stated requirement).

Use VEVO for every non-citizen hire. Visual inspection of passport stamps or visa labels is not a reliable or accepted verification method. The Department of Home Affairs stopped placing visa labels in passports for most subclasses. VEVO is free, takes minutes, and provides a legal defence against penalty.

Apply checks uniformly. Every candidate for the same role must be asked to provide the same documents in the same way. Documenting the procedure in writing — and training hiring managers to follow it — is the most effective safeguard against both inadvertent discrimination and inconsistent record-keeping.

Integrate checks into a single onboarding workflow. Managing identity verification, VEVO checks, police check applications, and TFN declarations across separate manual processes creates gaps and delays. CheckFile automates document verification across identity, work rights, and qualification evidence, reducing processing time and producing a centralised audit trail. Our platform has delivered an 83% reduction in processing time for HR teams handling high-volume recruitment.

For a detailed comparison of HR document verification methods, see our guide to HR Document Verification: Diplomas and Right to Work. For a deeper focus on VEVO and work rights compliance, see our Right to Work Check: Employer Compliance Guide.

Frequently Asked Questions

What ID do I need to collect from a new employee in Australia?

For most employment purposes, employers collect documents under the 100-point identification system. A common combination is an Australian passport or birth certificate (70 points) and a state or territory driver licence (40 points), which reaches 110 points. For candidates without a passport, a birth certificate plus driver licence plus a utility bill or bank statement achieves the required threshold. Original documents must be sighted before copies are retained.

Do Australian employers have to carry out a police check on every employee?

No. Police checks are not legally required for all roles. They are mandatory for roles involving children (WWCC), NDIS participants (NDIS Worker Screening Check), and certain licensed roles in financial services and security. For most private sector roles, the decision to conduct a police check is at the employer's discretion. Where police checks are conducted, candidates must give written consent, and results must be handled in accordance with the Privacy Act 1988.

What is VEVO and how does an employer use it?

VEVO (Visa Entitlement Verification Online) is the Australian Government system for checking a visa holder's current status, visa conditions, and work rights in real time. Employers register for access at the Department of Home Affairs website and can check a candidate's status using their passport number, date of birth, and visa grant number or ImmiCard number. The VEVO result should be retained with the employee's onboarding records. Australian citizens are not visa holders and cannot be checked via VEVO — an Australian passport or citizenship certificate is the correct document for them.

What happens if an employee does not provide their Tax File Number?

If an employee does not provide a TFN within 28 days of commencing employment, the employer must withhold tax from their earnings at the top marginal rate plus Medicare levy, currently 47%. There is no penalty on the employee for failing to provide a TFN, but the higher withholding rate is a significant financial incentive to do so. The employer must submit the TFN declaration form to the ATO regardless of whether a TFN has been provided.

How long must background check documents be retained?

Under the Fair Work Act 2009 and Fair Work Regulations 2009, employee records must be retained for seven years. This includes records related to background checks conducted at the onboarding stage. Records must be stored securely in compliance with the Privacy Act 1988 and disposed of securely after the retention period ends. The OAIC provides guidance on secure disposal of personal information at oaic.gov.au.

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CheckFile automates background check documentation for Australian employers — from identity verification and VEVO work rights checks to qualification validation and audit trail management. Start your free trial or explore our security infrastructure and pricing options.

This article is provided for informational purposes only and does not constitute legal advice. Employers should verify current regulatory requirements with the relevant authorities and seek qualified legal advice for their specific circumstances.