Privacy and conditions

Access the terms and conditions, privacy notice and service guarantees. These may change from time to time. It informs you of how your personal information will be used and the circumstances in which it may be disclosed to another party.

Terms and conditions

By using or accessing the digital platform, we are asking users to acknowledge that they have read and understood the Terms and Conditions listed in the following Sections and agree to be bound by them.

Section - Definitions

1. Definitions

1.1 Unless the contrary intention appears:

Business means an employer, company or organisation who employs a person or people. Businesses may use the Workforce Australia digital platform to fill a Job advertisement or manage a wage subsidy. Includes recruitment agencies but excludes Providers. Formerly called ‘Employer’.

Business account means an account created by a Business on the Workforce Australia website. A Business account may have several Business user accounts.

Commission or Commission payment is an amount paid to an employee based on how much they sell and is normally calculated as a fee or percentage of total sales. It can be paid on top of an employee's pay or make up an employee's whole wage.

Commission job is a Position where a Commission payment makes up all or part of an employee's wage.

Conditions means these conditions of use as varied from time to time.

Connections for Quality means the functionality on the Disability Employment Services website where:

  • Disability Employment Services (DES) Providers can share information about their services;
  • Participants and Employers can give feedback about their experience with their Provider; and
  • users can review the above information and feedback to inform their choice of Provider.

Employment services refers to employment programs administered by Us.

Find candidates function is a tool on the Workforce Australia website that allows verified Businesses and Providers to find appropriate staff with the right skills for their Job advertisement. They can search the Profiles of Individuals with a visible privacy setting to find suitable staff.

Harmful code means any virus, denial of service, disabling or malicious device or code, worm, trojan, time bomb, or other harmful or destructive code, but does not include any software lock or other technical mechanism that is included to manage the proper use of any software.

Individual means a person using the Workforce Australia digital platform. Formerly called ‘job seeker’.

Individual user account means each individual person within a business who has access to the Business account.

Internship means a work or volunteer experience where You gain skills and experience in a Position. An Internship may or may not be a paid Position.

Job advertisement means a legitimate employment or Internship opportunity, comprising one or more employment Positions.

Job advertisement agreement means a formal contractual agreement to share Job advertisements between the Workforce Australia digital platform, Businesses, job boards and/or recruitment systems.

Job Switch is the functionality to explore jobs or occupations based on Your job history and Profile.

Loss means any liability, loss, damage, cost and expense, including but not limited to legal costs on a full indemnity basis, consequential or indirect loss, loss of profits, data or revenue and damage or injury to property or person.

Notifications means communication messages sent to You including, but not limited to, email, SMS, Workforce Australia inbox and letter.

Our, Us and We means the Australian Government represented by the Department of Employment and Workplace Relations.

Participant means an individual participating in Employment Services.

PaTH Internship is a special type of Internship available under the Youth Jobs PaTH employment service. Only some Participants are eligible for this service. PaTH Internships will only be visible once You sign into Your account. PaTH Internship opportunities can be advertised by a Business, an employer broker or group training organisation.

Personal Information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not. Personal Information includes name, contact details and employment history.

Position means each individual employment position within a Job advertisement.

Profile is an online functionality where Individuals can create and share an online resume through the Workforce Australia digital platform.

Provider means an entity contracted by the Australian Government to deliver one or more Employment services.

Self-employment means earning income directly from Your own business, trade, or profession rather than as a salary or wage from an Business.

Sensitive information is a subset of Personal information. Examples of Sensitive information includes cultural or linguistic background, religious beliefs, criminal record information, health information or membership of professional or trade associations.

Workforce Australia digital platform means the workforceaustralia.gov.au website (the Workforce Australia website), and the Workforce Australia Individual mobile application. Formerly ‘jobactive.gov.au’ , ‘jobsearch.gov.au’ and the jobactive Job Seeker mobile application.

Workforce Australia website means the workforceaustralia.gov.au URLs. Formerly ‘jobactive’.

You and Your means the user of the Workforce Australia digital platform and any organisation You represent.

Section - General terms and conditions

2. General conditions of use for all users of the Workforce Australia digital platform

  • 2.1 By using or accessing the Workforce Australia digital platform, You acknowledge that You have read and understood these Conditions and agree to be bound by them. You also agree to regularly check for updates to these Conditions and when using or accessing the Workforce Australia digital platform, You are agreeing to the Conditions effective at that time.
  • 2.2 You must not provide any information for inclusion on the Workforce Australia digital platform or in conjunction with Your use of the Workforce Australia digital platform that You know is:
    1. 2.2.1 false or misleading as stated in the Criminal Code Act 1995; or
    2. 2.2.2 offensive or unlawful.
  • 2.3 You must not interfere with the Workforce Australia digital platform and must not introduce any Harmful code to the relevant system.
  • 2.4 The Workforce Australia digital platform uses Google services such as Google Maps, YouTube and Google Analytics. These services are used to present information to You and to provide Us with anonymised statistical data about the performance of the Workforce Australia digital platform. No identifying information is shared by Us to Google as a consequence of You using the Workforce Australia digital platform. We do not collect any personal identifiable information via Google Services.
  • 2.5 You indemnify (and keep indemnified) Us (including Our officers, employees, and agents), against any Loss incurred by Us (including in dealing with any claim against Us) arising out of:
    1. 2.5.1 a breach of these Conditions; or
    2. 2.5.2 any wilful, unlawful or negligent act or omission by You or Your officers, employees, agents, contractors or subcontractors in connection with Your use of the Workforce Australia digital platform.
  • 2.6 You obtain access to, use or otherwise deal with, the Workforce Australia digital platform at Your own risk. We are not liable for any Loss arising in connection with Your use of the Workforce Australia digital platform or any linked website or mobile application, including without limitation:
    1. 2.6.1 any action taken or reliance made by You on any information or material posted (including, without limitation, third party information);
    2. 2.6.2 Job advertisements that do not comply with relevant laws; or
    3. 2.6.3 any interference or disruption to Your own device(s).
  • 2.7 If You wish to put material on the Workforce Australia digital platform but do not own or hold the necessary intellectual property rights (such as, but not limited to copyright) to that material, You must obtain the necessary intellectual property rights to that material before it is uploaded to the Workforce Australia digital platform.
  • 2.8 If You are uploading any documents on the Workforce Australia digital platform, You must obtain any necessary permissions and/or consents before uploading those documents.
  • 2.9 These Conditions are governed by the laws of the Australian Capital Territory.

3. Our rights

  • 3.1 The Workforce Australia digital platform is owned, managed and maintained by Us. Our rights include, but are not limited to, the following:
    1. 3.1.1 deciding what information, including links to other websites and mobile applications, are displayed on the Workforce Australia digital platform;
    2. 3.1.2 reviewing and updating these Conditions at any time;
    3. 3.1.3 removing or directing You to amend any Job advertisement, PaTH Internship, or information (for example, logos, comments or any other content posted by You) which:
      1. does not meet these Conditions;
      2. does not comply with relevant laws;
      3. is in breach of a Deed Poll (such as, but not limited to a Job advertisement web services Deed Poll) entered into between You and Us;
      4. We, in Our sole discretion, deem as unacceptable, inappropriate or may bring Us, the Australian Government, Employment services or the Workforce Australia digital platform into disrepute;
      5. becomes the subject of a complaint;
      6. We consider to be a duplicate (including where the Job advertisement is advertised in multiple locations);
      7. We consider is no longer current (for example, a Business's or Provider's Job advertisement which has not been updated within 102 days after uploading);
    4. 3.1.4 gathering and using feedback from You to help improve and develop Our online services;
    5. 3.1.5 monitoring Your use of the Workforce Australia digital platform (including how You use the Workforce Australia website and mobile application) to improve Our services to You;
    6. 3.1.6 monitoring Your use of the Workforce Australia digital platform (including any content You upload) to ensure compliance with these Conditions;
    7. 3.1.7 investigating complaints;
    8. 3.1.8 referring or reporting You to the relevant authorities where We consider appropriate; and
    9. 3.1.9 refusing access to the Workforce Australia digital platform or certain functions of the Workforce Australia digital platform as We see fit.
  • 3.2 If you sign in using myGovID Digital Identity, you agree to Us collecting your personal information from the MyGovID Digital Identity Provider.

4. Access to the Workforce Australia digital platform

  • 4.1 While We will use reasonable efforts to ensure the Workforce Australia digital platform is available for You when required, We do not guarantee that there will be no interruptions while You are using the Workforce Australia digital platform. We may undertake activities to upgrade our services to improve the services We deliver to You . We may provide notice in advance of these changes, including timeframes where service interruptions may occur.

5. Purpose of the Workforce Australia digital platform

  • 5.1 The purpose of the Workforce Australia digital platform is to help Individuals find a job and Businesses to find staff.
  • 5.2 The Workforce Australia digital platform must not be used by You to advertise training courses, gather information or conduct surveys.
  • 5.3 The Workforce Australia digital platform must not be used by You to enter into a Job advertisement sharing arrangement unless approved by Us.

6. Compliance with laws

  • 6.1 You are responsible for abiding by all applicable Commonwealth, State and Territory laws when using the Workforce Australia digital platform and the information available through it.

7. Social media policies

  • 7.1 You must comply with Our social media policies when accessing and commenting on Our social media channels (including, but not limited to YouTube and Facebook).

8. Security and data analytics

  • 8.1 Any information We hold for You is stored on secure servers, protected in controlled facilities.
  • 8.2 We will use reasonable endeavours to provide a secure internet environment but there are still risks associated with exchanging information via the internet. We are not responsible for the privacy practices, terms and conditions or the content of websites and mobile applications linked to from the Workforce Australia digital platform and You need to decide if You think they are secure prior to accessing them.
  • 8.3 While the Workforce Australia digital platform undertakes scans of uploaded documents to ensure they are free from viruses, We are unable to guarantee that the Workforce Australia digital platform, or downloaded software, is free of viruses. You are encouraged to use anti-virus software for personal use to protect You, Your systems and Your devices.
  • 8.4 You must keep Your Personal information secure by maintaining the confidentiality of any username and password and notify Us immediately if there is any unauthorised use of Your account by any other user or any other breach of security.

Section - Terms and Conditions that apply to Individuals

9. Special conditions for Individuals who use the Workforce Australia digital platform

  • 9.1 Clauses 10 - 14 of these Conditions only apply to Individuals.

10. General conditions for Individuals

    1. 10.1 The following applies to Individuals using the Workforce Australia digital platform:
    2. 10.1.1 You must have a valid myGov account to sign in and use the functionality of the Workforce Australia digital platform;
    3. 10.1.2 You must lawfully be allowed to work before You submit documents to a Business; and
    4. 10.1.3 if any of Your details change, You must update Your details on the Workforce Australia digital platform, advise Centrelink (Services Australia) and if you are a Participant also advise Your Provider of these changes within 24 hours.
  • 10.2 By registering with the Workforce Australia digital platform You agree:
    1. 10.2.1 to receive Notifications from Us;
    2. 10.2.2 that if You are a Participant, Your resume, video resume and LinkedIn information may be viewed by Your Provider/s;
    3. 10.2.3 Your Profile can be viewed by registered Businesses (if You allow them to do so via Your privacy settings); and
    4. 10.2.4 that if You are a Participant, Your Provider may update Your Profile and resume information where appropriate and share both Your Profile and resume with Businesses.
  • 10.3 We will not provide You with the names of Businesses who may have accessed Your resume, video resume and profile online.
  • 10.4 If You are a Participant, information You include in Your personal events may be viewed by Your Provider. Your Provider may choose to book appointments which coincide with other appointments/events if necessary.
  • 10.5 Once You have uploaded a resume in Your Profile, You must keep at least one resume saved in Your account.
  • 10.6 When submitting a job application using the Workforce Australia digital platform, You must not include any of the following types of information in Your profile, application and any attachments accompanying Your application:
    1. 10.6.1 Your bank or credit card details;
    2. 10.6.2 Your driver's licence or passport information;
    3. 10.6.3 Your Medicare number;
    4. 10.6.4 Your tax file number (TFN);
    5. 10.6.5 Your address; or
    6. 10.6.6 Your date of birth.

11. Document requirements

  • 11.1 Individuals can upload documents, including additional or supporting documents to a Profile or to apply for a job. This can be used to demonstrate examples of Your experience.
  • 11.2 If You upload a document, please note the following:
    1. 11.2.1 You must follow any rules for size and format.
    2. 11.2.2 We may review, remove and suspend any documents.
    3. 11.2.3 If Your document is suspended or removed, You can re-submit another document.
  • 11.3 You must not upload the following images in documents:
    1. 11.3.1 company logos;
    2. 11.3.2 words or phrases;
    3. 11.3.3 irrelevant images;
    4. 11.3.4 offensive images;
    5. 11.3.5 lewd or pornographic images; and
    6. 11.3.6 images that if uploaded, would infringe on the rights of a third party.

12. Video resume (YouTube) and LinkedIn profile

  • 12.1. You agree that these Conditions apply to any content You have linked to in Your Profile including, but not limited to, Your LinkedIn profile or video resume hosted on YouTube.
  • 12.2 By uploading Your resume and additional documents You are agreeing to this information, being stored on the Workforce Australia digital platform and Our systems. For Your video resume and LinkedIn profile only the URL is stored.
  • 12.3 People with sensitive Individual records (for example, those under witness protection) whose personal details must not be displayed, must not upload any images, their resume(s), video resume or LinkedIn profile.
  • 12.4 Privacy policies for any relevant third-party platforms including LinkedIn and YouTube apply.

13. Job alerts

  • 13.1 Job alerts are provided for Your information. The information used to provide these job alerts is based on the information You share and that the Business provides in their Job advertisement. For this reason, We cannot guarantee that all matches will be accurate.

14. Individual accounts

  • 14.1 If You are not a Participant, You can access Your Workforce Australia account while it is linked to myGov. Your account will still exist if You unlink it from Your myGov account, however, You will need to re-link it through myGov to access it again.
  • 14.2 If You are a Participant, Your Workforce Australia account may be made inactive after You are exited from Employment services; however, while it is linked to Your myGov account, You will still have access to Your account and some features and functionality may, however, be reduced.
  • 14.3 As required by law, Your Workforce Australia account must be retained by Us for at least 3 years after exiting Employment Services; however We reserve the right to retain Your account details perpetually on Our IT systems for auditing purposes.

Section - Terms and Conditions that apply to Businesses

15. Special conditions for Businesses who use the Workforce Australia digital platform

  • 15.1 Clauses 16 - 23 of these Conditions only apply to Businesses.

16. Business accounts and Business user accounts

  • 16.1 To have a Business account, You must:
  • 16.1.1 have and maintain a Digital Identity (at a minimum of standard identity strength);
  • 16.1.2 be authorised to act on behalf of the business via Relationship Authorisation Manager;
  • 16.1.3 provide Your contact name, preferred email address, street address and Australian or Norfolk Island mobile phone number to register Your business account and keep them up to date.

17. Job advertisements

  • 17.1 By posting a Job advertisement on the Workforce Australia digital platform You agree to Your Job advertisement being shared, via an RSS feed, with approved organisations and job boards under a Job advertisement sharing agreement with Us and warrant that You have obtained the consent of the relevant individuals for this to occur. This means that Your Job advertisement may be displayed on other online jobs boards.
  • 17.2 All Job advertisements You lodge must:
    1. 17.2.1 be written in English;
    2. 17.2.2 include a unique Job advertisement for each job type or PaTH Internship type;
    3. 17.2.3 accurately classify job type;
    4. 17.2.4 include a genuine, descriptive Job advertisement title;
    5. 17.2.5 provide a clear and accurate description of the nature of the Job advertisement, including details of the service or product involved;
    6. 17.2.6 provide an accurate location where the Job advertisement actually exists or if advertising outside of Your area, ensure the actual location of the Job advertisement is clearly indicated in the description;
    7. 17.2.7 clearly state if the Individual will need to provide their own transport, either to undertake the duties of the Job advertisement or to travel to and from work;
    8. 17.2.8 clearly state any costs the Individual will need to invest or pay upfront, and the continuing fees for the product, equipment purchases or any other costs;
    9. 17.2.9 state the hours of work, either the set number of hours the employee will work, or minimum hours an employee could expect to work;
    10. 17.2.10 state the hours of attendance per fortnight for Internships;
    11. 17.2.11 include 'Casual' in brackets after the job title if the hours cannot be specified;
    12. 17.2.12 indicate expected start date if lodging an anticipated Job advertisement through a Provider;
    13. 17.2.13 have titles and descriptions that are free of spelling mistakes and are grammatically correct;
    14. 17.2.14 be free of language that may be interpreted as discriminatory;
    15. 17.2.15 not include a request that the Individual provide a photograph of themselves with their application or at their interview;
    16. 17.2.16 not include a request that the Individual provide details of their bank account, credit card, driver's licence or passport as part of their resume or application;
    17. 17.2.17 identify independent contracting or sub-contracting business arrangements in the Job advertisement's description field;
    18. 17.2.18 not be a job that involves multi-level marketing, pyramid selling schemes, undertaking online surveys for payment or pay-for-feedback;
    19. 17.2.19 not be a personal development or training course;
    20. 17.2.20 not involve any form of nudity or work in the adult industry;
    21. 17.2.21 not involve promotion of gambling or gambling websites. For example, advertising a poker tournament or promoting a gambling website. Please note this does not exclude general hospitality positions, for example in clubs, pubs or casinos, and does not exclude corporate Positions within wagering organisations as long the advertisement does not contain the organisation's web address or promote the website in any way;
    22. 17.2.22 be compliant with any Commonwealth, State or Territory law including Australian workplace laws, Australian Consumer Law and Fair Trading Acts; and
    23. 17.2.23 express remuneration in Australian currency.
  • 17.3 You must not advertise Job advertisements where You charge or intend to charge Individuals for attending an interview or charge an application fee.
  • 17.4 If You require an Individual to have a pre-employment medical or drug and alcohol test, the requirement must be relevant to the type of work the applicant will be doing. This requirement must also be stated in the Job advertisement description.
  • 17.5 Any contact details for an Individual provided to You by an Individual or Provider can only be used to contact the Individual regarding the specific Job advertisement that they applied for.
  • 17.6 For each Job advertisement, You can list questions as part of the application process to assist You in rating job applicants.
  • 17.7 If Your Job Advertisements do not meet these Conditions, Your Business account access may be limited and all Your Job Advertisements will be checked for compliance before being published to the Workforce Australia digital platform.

18. Wages information

  • 18.1 When providing information about wages on a Job advertisement:
  • 18.2 You must comply with the following requirements:
    1. 18.2.1 if the wage is to be negotiated, You must provide an indication of the salary range or hourly rate;
    2. 18.2.2 if salary is partly or wholly Commission based, You must provide the rate of Commission, retainer (if applicable), and a likely range of earnings;
    3. 18.2.3 do not advertise On Target Earnings (OTE), only genuine figures; and
    4. 18.2.4 meet Australian workplace laws including minimum wage entitlements.
  • 18.3 The following are best practice recommendations:
    1. 18.3.1 include an indication of the wages for each Position. Provide the name of the award or agreement (where possible) and an indication of the salary range or hourly rate; and
    2. 18.3.2 clearly identify independent contracting or sub-contracting business arrangements in the Job advertisement's description (if applicable).

19. Additional requirements for Self-employment, Business opportunities and Commission jobs

  • 19.1 You must not use the Find candidates function on the Workforce Australia digital platform to search for Individuals to fill Your Job advertisement.
  • 19.2 Where You are lodging a Job advertisement for Self-employment, Business opportunities and Commission jobs, You must:
    1. 19.2.1 identify Your Job advertisements as Self-employment, Business opportunity or Commission by selecting the appropriate job type when lodging Your Job advertisement;
    2. 19.2.2 include where possible "self-employment", "business opportunity" or "commission" in brackets after the job title;
    3. 19.2.3 specify the nature of the business;
    4. 19.2.4 only lodge Job advertisements for the sale of products and services which are legal in Australia;
    5. 19.2.5 provide details of wages including Commission payment and retainer (if applicable) and method of payment; and
    6. 19.2.6 provide a range of likely earnings.

20. Additional requirements for independent contractors

  • 20.1 Job advertisements for independent contractors or sub-contractors must include items that are required to be supplied by potential candidates in the Job advertisement description. You must also make it clear that the work is to be performed under independent contracting or sub-contracting arrangements and that wages are subject to negotiation.

21. Additional requirements for work from home Job advertisements

  • 21.1 If Your Job advertisement requires the Individual to work from home, Your Job advertisement must include:
    1. 21.1.1 the nature of the employment (for example, will the Individual be working as an employee or an independent contractor);
    2. 21.1.2 how the Individual will be paid (for example Commission payment or hourly rate) including details of superannuation;
    3. 21.1.3 details of who will be responsible for workers compensation and other relevant insurances;
    4. 21.1.4 the duration of employment (if non-ongoing) and anticipated daily working hours;
    5. 21.1.5 information about the deduction of income tax (for example, do You withhold income tax);
    6. 21.1.6 details and cost of any equipment the Individual will need to supply; and
    7. 21.1.7 details of any other costs the Individual will be expected to pay.

22. Additional requirements for overseas employment

  • 22.1 Job advertisements for overseas employment will only be accepted from Australian-based Businesses. The Individual must be placed on an Australian Enterprise Agreement and remain under the agreement for the entire time they are on the overseas placement.
  • 22.2 You must include full details of the travel, wages, accommodation and period of the overseas placement in the Job advertisement description.

23. Business profile

  • 23.1 You can create a Business Profile to promote your Business to Individuals. Your profile can include an overview of your business, such as your Business name, logo location, size and services or products. You can also include your core values, people practices, remuneration and organisational culture.
  • 23.2 You must follow any department system rules for document size and file type limitations.
  • 23.3 You must keep Your Personal information secure by maintaining the confidentiality of any username and password and notify Us immediately if there is any unauthorised use of Your account by any other user or any other breach of security.

Section - Terms and Conditions that apply to participants in Disability Employment Service

Definition of Employer for Disability Employment Services participants means a business, company or organisation who employs a person or people. Employers may use the Workforce Australia digital platform to fill a Job advertisement, Vacancy or manage a wage subsidy. Includes recruitment agencies but excludes Providers.

24. Connections for Quality comment guidelines

  • 24.1 Connections for Quality comment functionality is available to Employers, Providers and Participants that are currently, or have previously been, registered with a Provider. You must be logged in to the Disability Employment Services website to submit a Connections for Quality comment.
  • 24.2 You may use Your name or a pseudonym when submitting a comment. If You use Your name and Your comment is approved by Our moderator, Your name will be publicly displayed on the Disability Employment Services website.
  • 24.3 All submitted comments are checked by Us before being posted to make sure that they meet these Conditions. You will be notified if Your comment does not meet the Conditions if You provided Your email address when submitting the comment. Comments are moderated by Us and, if approved, normally appear on the Disability Employment Services website within 1 to 2 business days. Comments are not edited by Us.
  • 24.4 If We remove Your comment, You cannot appeal that action or decision. However, You can submit a new comment that complies with these Conditions.
  • 24.5 Comments may include links to material on other websites that are relevant to the comment however these will only be displayed as text, not clickable links.
  • 24.6 In posting Your comments, You agree that You will not:
    1. 24.6.1 post comments which are not English;
    2. 24.6.2 impersonate any person or entity, or falsely state or misrepresent Your affiliation with a person or entity;
    3. 24.6.3 abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
    4. 24.6.4 post any defamatory or libellous content;
    5. 24.6.5 post insulting, threatening or provocative language, or language that is hateful towards a certain group of people;
    6. 24.6.6 post content to incite hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristics;
    7. 24.6.7 post inappropriate, profane, obscene or indecent content;
    8. 24.6.8 conduct any illegal activity or solicit the performance of any illegal activity;
    9. 24.6.9 contribute any text or other material that infringes the intellectual property rights of others;
    10. 24.6.10 spam Your contribution to the site by sending multiple copies or versions of it;
    11. 24.6.11 interfere with another person's privacy;
    12. 24.6.12 post comments that are off-topic or irrelevant to Providers' services, including comments that are exclusively political;
    13. 24.6.13 post off-topic, or irrelevant contributions not in keeping with the current topics or themes;
    14. 24.6.14 post personal website addresses, email addresses, telephone numbers or any other personally identifiable information (other than Your name); and
    15. 24.6.15 collect or store Personal information of any other person or group, unless that collection or storage is consistent with the purpose of the Disability Employment Services website.