Can my former employer make unsolicited contact with my new employer to discuss me?

Generally, the answer is no. If a former employer wants to disclose information about you, they need to be satisfied that one of the exceptions to principle 11 of the Privacy Act applies.

These exceptions allow an agency to disclose information about you for a range of reasons, such as if you authorise the disclosure, to avoid prejudice to the maintenance of the law or to prevent serious harm. The full list of exceptions can are listed under Principle 11 of the Privacy Act.

But a former employer giving an unsolicited reference to your new employer is unlikely to meet the requirements of any of the exceptions. If you are concerned your former employer has done this, you should contact them in the first instance.

We may be able to investigate a complaint about a disclosure of information under these circumstances. You can make a complaint to us, or if you need more information, contact our enquiries team.

Updated November 2025