If you are applying for a job but have not yet taken it or were not successful, generally you should be able to get access to those reports.

To make sure they get the best person for the job, organisations want referees to provide accurate reports. An inaccurate referee's report could affect your employment opportunities. As far as possible, the information an organisation collects about you should be accurate, complete and up to date. In most circumstances, the Privacy Act gives you a right to access and correct all the personal information an organisation holds about you. This would include a referee's report.

An organisation that is not your current or former employer will need to consider its reasons carefully before deciding not give you access to your referee's report. In some circumstances the Privacy Act would allow it to deny you access, for example, if giving you access would be a breach of the law relating to confidentiality. However, these cases are likely to be quite limited. Fear of being sued would not generally be a sufficient reason for an organisation to deny you your rights under the Privacy Act. In the Privacy Commissioner's view, an open and clear recruitment process is more likely to improve the quality of the information received about job applicants.

It is important to know that the Privacy Act 1988 does not apply to employee records in some circumstances. The Employee Record Exemption applies in particular circumstances between employers and current or former employees. In these cases the Privacy Act does not give a right of access although your employer may choose to provide access if asked.