You're halfway through a job interview when the hiring manager suddenly asks:
“How old are you?”
You pause.
Then comes another question:
“Do you have any medical conditions?”
And suddenly you're wondering:
“Are they actually allowed to ask me that?”
Job interviews can already be stressful. Questions that feel personal can make the situation even more uncomfortable.
The important thing is that not every personal question is automatically illegal — but employers also can't use protected personal information to discriminate against job applicants.
In Australia, prospective employees are protected from adverse action for a range of protected attributes, including age, disability, race, sex, religion and family or carer's responsibilities.
So where is the line?
Here are five questions that can surprise candidates — and what you should know before answering.
1. “How Old Are You?”
Your age usually has nothing to do with whether you can perform a job.
That's why an age question can feel uncomfortable.
However, there can be legitimate situations where age is directly relevant to the role. For example, certain jobs involving alcohol service have legal age requirements.
The important issue is why the employer needs the information.
If you're asked your age, you don't necessarily need to assume the employer is doing something unlawful. Consider asking:
“Could you explain how that information relates to the requirements of the role?”
That keeps the conversation professional while giving you more context.
Australian employment law protects prospective employees from adverse action based on age, subject to applicable exceptions and circumstances.
2. “Do You Have the Right to Work in Australia?”
This question may sound personal, but it's generally a legitimate employment question.
An employer needs to know whether you're legally permitted to work in Australia.
They may ask about your work rights or request evidence of your citizenship, visa or other work entitlement.
That is different from asking discriminatory questions about your race or ethnic background.
The best approach is simple:
Answer the work-rights question honestly and provide the required documentation if requested.
The fact that an employer asks about your right to work does not, by itself, mean they are discriminating against you.
3. “Do You Have Any Medical Conditions?”
This is where things become more complicated.
An employer shouldn't need your complete medical history simply because you're applying for a job.
But health-related questions can be legitimate when they are connected to the inherent requirements of the role.
Imagine you're applying for a warehouse position involving regular heavy lifting.
Questions about whether you can safely perform the physical requirements of the job may be relevant.
Now compare that with an ordinary office position where an interviewer asks for a detailed history of every medical condition you've ever had.
That's a very different situation.
Australian Human Rights Commission guidance explains that employers should focus on whether a person can perform the essential activities or “inherent requirements” of the job, rather than making assumptions about what someone can or cannot do because of disability.
So if you're asked a health-related question, consider:
“How does this relate to the requirements of the position?”
4. “Do You Have a Criminal Record?”
This question can be surprising, but criminal-record questions aren't automatically prohibited.
The bigger issue is relevance.
Australian Human Rights Commission guidance says an employer may generally ask about criminal records, but decisions should consider whether the particular record is relevant to the inherent requirements of the job.
Think about the difference between these situations:
A delivery driver role may have legitimate reasons to consider relevant driving offences.
A position involving financial responsibilities may raise different considerations around offences involving dishonesty.
But a completely unrelated old offence shouldn't automatically be treated as proof that someone is unsuitable.
There are also rules around spent convictions, and requirements can vary depending on the job and jurisdiction.
If you're asked about your criminal history, don't guess about your legal obligations.
Answer honestly and, if you're unsure what you need to disclose, get independent advice.
5. “Can We Run a Background or Financial Check?”
Some employers may ask candidates to consent to checks before employment.
Depending on the role and the type of check, there can be legitimate reasons for doing so.
For example, roles involving financial responsibilities, security, regulated industries or work with vulnerable people may involve additional screening.
But don't treat every background check as automatically justified.
Ask:
“What information will be checked, why is it required for this role, and how will the information be used?”
That is a perfectly reasonable professional question.
If you're being asked to provide sensitive information, you should understand what you're consenting to before you provide it.
What If an Interview Question Makes You Uncomfortable?
Don't panic.
You don't have to immediately accuse the interviewer of discrimination.
Instead, slow the conversation down.
You could say:
“Could you clarify how that information relates to the role?”
Or:
“Is that information required for the position?”
This gives the interviewer an opportunity to explain the reason for the question.
If the explanation doesn't make sense, take note of what happened.
If you believe you were treated unfairly because of a protected attribute, Australia has formal discrimination protections and complaint pathways. The Australian Human Rights Commission provides information about employment discrimination complaints, including discrimination based on age, disability, race, religion and other protected grounds.
The Interview Is a Two-Way Conversation
Remember something important:
You are interviewing the employer too.
You don't have to sit there hoping the company chooses you.
You're also deciding whether you want to work there.
Pay attention to how the interviewer behaves.
Do they respect your boundaries?
Do they explain the role clearly?
Do they answer reasonable questions?
Do they focus on your ability to do the job?
A strange question isn't necessarily a red flag.
But a repeated pattern of inappropriate questions, assumptions or discriminatory treatment deserves attention.
Quick Guide: Can They Ask?
Know the Difference Between a Strange Question and an Unlawful One
A question can feel uncomfortable without automatically being illegal.
At the same time, an employer doesn't get unlimited access to your personal information simply because you're sitting in an interview.
The key questions are:
Why are they asking?
Is the information genuinely relevant to the job?
Could it be used to discriminate against me?
And most importantly:
What does the law in my state or territory actually say?
If you're unsure, don't rely on a social media post or a random career blog for legal advice.
Check current guidance from official Australian authorities or speak with a qualified professional about your specific situation.
Because knowing your rights doesn't mean walking into an interview looking for a fight.
It means walking in prepared, confident and aware of where the professional line is.