Question 1

Do Australian employers have to provide a reference?

Accepted Answer

No. There is no statutory obligation on an Australian employer to provide a personal reference. Many employers choose to provide a brief written statement of service (factual confirmation of dates, role and duties) as a customary courtesy at separation, but a positive reference is voluntary. If you ask and an employer declines, that is their right — don't treat refusal as evidence of anything.

Question 2

What is a statement of service?

Accepted Answer

A statement of service is a brief, factual document confirming the basic facts of employment: dates worked, position held, principal duties, and whether employment was permanent / fixed-term and full-time / part-time / casual. It does not include any opinion about the employee's performance. Most employers will provide one on request even though there is no legal obligation to do so.

Question 3

What if my former employer says something untrue or defamatory in a reference?

Accepted Answer

An employer who provides a reference owes a duty of care in what they say. False or misleading statements that cause loss can give rise to a defamation or negligent misstatement claim. In practice, many employers limit themselves to a statement of service to avoid that risk. If you have evidence of a damaging false statement, this is an area where independent legal advice is worth getting.

Question 4

Should I let my former employer respond directly to the third party?

Accepted Answer

It's faster, but you give up visibility of what was said. By default this template asks for the response to be sent to you so you can pass it on. If you trust the relationship, you can flick the toggle to allow direct dispatch. For high-stakes references (visa, professional registration), direct dispatch is often expected.

Reference Request Letter (Statement of Service)

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