A reference is considered private and confidential between the Referee and the employing entity, and if a Recruiter is involved, the Agency. The candidate agrees to those terms when they complete the reference process. They agree that the referee has the right to decline the reference and the right to privacy of the outcome.

There is however an obligation under the Privacy Act to protect an individual’s personal information, which is information or an opinion which does or could identify a person. This also includes the outcome of a reference. 

In some limited circumstances, the Privacy Act will deny an employee access to a referee’s report, for example when giving access would be a confidentiality law breach. However, in most cases, the employer would need to be prepared to give the referee’s report to the current or former employee. Employees also have a right under the Privacy Act to correct personal information if it is inaccurate, not up-to-date, incomplete, irrelevant or misleading.

Additionally under Freedom of Information Act & Privacy Act, employers are generally required to provide the referee’s report if the employee requests the information.

It is vital that referees should be asked if they are prepared to proceed with the reference with the knowledge that the employee can have access to it.