Illegal interview questions in Australia are usually personal ones that have nothing to do with the work: whether you have children, how old you are, how much sick leave you took last year, your religion or your relationship status. Strictly, the question itself is not always the offence; the real problem is an employer using your answer to turn you down, which Australian law treats as discrimination. You can decline politely, steer the conversation back to the job, and keep a note in case you want to complain later.
What the law protects in a job interview
This guide covers Australia, for every applicant, visa holders included. Under the Fair Work Act, an employer can't take adverse action against an employee or a prospective employee for discriminatory reasons. That includes you, the applicant.
The Fair Work Ombudsman's page on protection from discrimination lists the protected attributes: race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, social origin, breastfeeding, gender identity, intersex status and experiencing family and domestic violence.
On top of that sit the federal discrimination laws administered by the Australian Human Rights Commission: the Age Discrimination Act 2004, the Australian Human Rights Commission Act 1986, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984. Each state and territory also has its own law and agency. The Commission's quick guide to Australian discrimination laws shows which law covers what.
Is it illegal to ask, or illegal to decide on the answer?
The Commission's own example: if an interviewer asks whether you have children and relies on your answer to refuse you the job, you could make a complaint of discrimination based on parental status.
Health questions are the clearer case. The Commission says it may be against the law to ask job applicants whether they have ever made a workers' compensation claim, how much sick leave they took in the previous year, or other health questions that do not relate to their ability to do the job.
Job ads follow the same test: an ad may only mention personal characteristics such as age, sex or race if they are genuine requirements of the job. A question is fair when it tests a genuine requirement and suspect when it does not.
The Commission also advises employers to ask every candidate the same set of common interview questions, focused on the skills and abilities the job needs.
Referees should get job questions too, not personal ones; our guide to choosing and briefing job referees in Australia explains what those calls cover.
Personal questions to watch for, and calm ways to answer
You do not have to win an argument in the room. This table sorts the common personal questions by the protected attribute they touch, with a reply you can adapt.
| The question | Attribute it touches | A calm way to answer |
|---|---|---|
| Do you have kids? Are you planning a family? | Family or carer's responsibilities, pregnancy | "My family arrangements won't affect my availability for the hours in the ad. Could you tell me more about the roster?" |
| How old are you? When did you finish school? | Age | "I have the experience the role asks for. Happy to walk you through my last two jobs." |
| How many sick days did you take last year? Have you ever claimed workers' comp? | Physical or mental disability | "I can do every task in the position description. Is there a physical part of the job you'd like me to talk about?" |
| Are you married? Is your partner coming with you? | Marital status | "I'm ready to start on the date we discussed." |
| What religion are you? Will you need time off for prayer? | Religion | "That won't affect my work. What do the shifts look like?" |
| Where are your parents from? What's your background? | Race, national extraction, social origin | "I have the right to work in Australia" or "I would need sponsorship, which the ad mentions." |
None of these replies is rude, and each moves the conversation back to the job.
Questions that sound personal but are about the job
Some questions feel intrusive yet test the work itself. Apply for a carpenter job in Cairns and you may be asked whether you can lift materials, work at heights or stay on your feet all day.
Questions about your visa, your work rights or whether you need sponsorship are about whether the employer can hire you at all. Prepare a short, honest answer.
A police check is another one. An AFP National Police Certificate is a summary of a person's offender history in Australia, used for purposes such as recruitment. Nobody can apply for one about you without your consent, and the certificate can only be used for the purpose stated on the application. Being asked for one, for example in community services jobs, is normal.
Visa health checks are separate from the interview. Most visa applicants must meet the health requirement, and health examinations outside Australia are done by the Department of Home Affairs' approved panel physicians, not by the employer.
When the question is a scam sign, not bias
Scamwatch warning signs include a recruiter contacting you unexpectedly by text or on WhatsApp, Signal or Telegram, a quick hiring process with no interview, and being asked to pay a recruitment fee or for training materials before you start.
New Zealand's National Cyber Security Centre gives a rule of thumb that works anywhere: a genuine employer won't need your bank account details until you have accepted a job. Our job application checklist covers more checks to run before you apply.
What to do after an unfair question
- Write it down the same day. Note the date, time, who was in the room or on the call, the exact words of the question and what you said.
- Keep the paper trail. Save the job ad, the invitation email, any messages and the rejection if one arrives.
- Ask for feedback. A short, polite email asking why you were not selected is normal.
- Ask for your information. The Office of the Australian Information Commissioner says applicants who were unsuccessful can generally ask for access to information about them, in some cases including a referee's report, with some exceptions. Its page on privacy in employment explains how.
- Get advice before you complain. Contact the Fair Work Ombudsman on 13 13 94. If English is hard for you, call the Translating and Interpreting Service on 131 450 and ask them to call the Fair Work Ombudsman for you.
- Choose where to complain. Depending on the attribute and your state, a complaint may go to the Fair Work Ombudsman, the Australian Human Rights Commission or your state or territory anti-discrimination agency. Each body sets its own time limits, so check them on its official website early.
Worried about your visa? An employer can't cancel a worker's visa, only Home Affairs can grant, refuse or cancel visas, and contacting the Fair Work Ombudsman will not get a visa cancelled. Its help page for visa holders and migrants has more.
Keep personal details off your CV in the first place
Many applicants from overseas put a date of birth, marital status, religion or a photo on their CV because that is normal at home. Australian employers do not expect it, and each detail is one more thing a biased reader could react to.
Tahatū, the New Zealand Government careers service, says it is usually best not to add a photo or your age and date of birth. Our guide on how to write a CV for Australia and New Zealand covers what to include instead. If you are reworking a CV built for another country, Build AI CV can help you lay it out the way Australian employers expect, without the personal fields.
Practise your replies before the interview
Rehearse two or three redirect lines from the table out loud until they sound natural, not defensive.
For the questions that should be asked, the ones about something you have done, use the STAR method (situation, task, action, result) that Tahatū recommends. Our job interview tips for Australia and New Zealand cover timing and answer length. To rehearse out loud, the general interview practice on InterviewTraining.ai lets you hear how your answers come across.
If your interview will be on video from overseas, JobsAbroad Pakistan's step-by-step plan for video interviews for Australia jobs works for any nationality. And if the interview turns into a practical test, read when an unpaid trial shift is legal before you agree to work for free.
Common mistakes
- Lying to dodge the question. Declining is fine; a false answer can hurt you later.
- Arguing the law mid-interview. Redirect calmly and decide afterwards.
- Treating visa or work-rights questions as discrimination. Answer them honestly.
- Leaving it too long. Complaint bodies have time limits.
- Assuming a visa means fewer rights. It does not.
- Sending money or bank details after a messaging-app "interview". That is a scam sign, not a hiring step.
Once an offer arrives, check it with our job offer checklist for Australia and New Zealand before you sign.
Frequently asked questions
Can an employer in Australia ask if I have children?
They can ask, but the Australian Human Rights Commission says that if an interviewer relies on your answer to refuse you the job, you could make a complaint of discrimination based on parental status. You do not have to answer: point the conversation back to your availability for the hours in the ad.
Is it illegal to ask my age in a job interview?
Age is a protected attribute under the Fair Work Act and is covered by the Age Discrimination Act 2004. A job ad may only mention age if it is a genuine requirement of the job, and turning you down because of your age can be discrimination. Redirect to your experience instead of giving a number.
Can an interviewer ask about my health or sick leave?
The Commission says it may be against the law to ask whether you have made a workers' compensation claim, how much sick leave you took last year, or other health questions unrelated to your ability to do the job. Questions about the physical tasks of the role itself are fair.
Can an employer ask about my visa or work rights?
Yes, and you should answer honestly. Questions about your work rights or whether you need sponsorship decide whether the employer can hire you at all. Your visa does not reduce your protection: visa holders have the same protection from discrimination as everyone else in Australia.
Who do I contact if I was discriminated against in an interview?
Start with the Fair Work Ombudsman on 13 13 94, or call the Translating and Interpreting Service on 131 450 and ask them to call Fair Work for you. Complaints can also go to the Australian Human Rights Commission or your state or territory anti-discrimination agency, each with its own time limits.
Key takeaways
- The Fair Work Act protects job applicants, not only employees, from adverse action for discriminatory reasons.
- Questions about children, age, health history, religion or marriage are risky for employers when they are not genuine requirements of the job.
- You can decline politely and steer back to the work; you never have to argue in the room.
- Visa, work-rights and job-task questions are fair: answer them honestly.
- Write notes the same day, then call the Fair Work Ombudsman on 13 13 94 (or 131 450 for an interpreter).
