NO Go Interview Questions and What You Can’t Ask (And What to Say Instead)

Look guys, I get it. You’re under pressure to hire, you’re busy, and you just want to find out if someone is the right fit. But some of the questions I hear hiring managers ask in interviews? They’re landing businesses in serious trouble.

At TRS we’ve obviously conducted numerous interviews and placed hundreds of candidates across manufacturing, logistics, trades, defence, engineering, and construction. We know what good interview practice looks like. And at the end of the day, knowing what NOT to ask is just as important as knowing what to ask.

So if you are responsible for hiring in Australia, this one is for you.

Why Some Interview Questions in Australia Are a Serious Risk

Under Australian anti-discrimination law, including the Fair Work Act 2009, the Age Discrimination Act 2004, and the Disability Discrimination Act 1992, it is unlawful to discriminate against a job applicant based on certain protected attributes. We are talking age, gender, race, ethnicity, sexual orientation, disability, pregnancy, religion, marital status, and family or carer responsibilities.

The rule is straightforward: interview questions must relate to a candidate’s ability to actually do the job. If a question has nothing to do with the role, it should not be asked. Full stop.

And the risk is not just reputational. Candidates who believe they have been discriminated against can lodge a formal complaint with the Australian Human Rights Commission. That process is time consuming, expensive, and disruptive. Trust me, it is not a headache you want. https://www.trsresourcing.com/article/why-you-must-prioritise-candidate-interviews-even-when-youre-flat-out/

The Interview Questions You Cannot Ask in Australia (And What to Ask Instead)

1. “How old are you?” Age Discrimination!

Age discrimination is one of the most common areas where employers unknowingly stuff this up. Even a subtle “where do you see yourself in 20 years?”

Ask this instead: “This role requires a current forklift licence. Are you able to provide that documentation prior to commencement?”

2. “Do you have kids?” Family and Carer Responsibilities

I hear this one more than I should. Managers want to know if someone can commit to the hours. I get it. But asking about children, caring responsibilities, or family situation is unlawful discrimination based on family status. Same goes for asking whether someone plans to have kids or has elderly parents to care for. None of that is relevant to whether they can do the job.

Ask this instead: “This role requires availability Monday to Friday, 6am to 2pm, with occasional overtime. Are you able to commit to those hours?” Ask about the work. Not the life behind it.

3. “Have you had any past injuries?” Disability and Medical History

In trades, construction, and manufacturing this question comes up regularly. Employers have a genuine duty of care, and they need to know if someone can safely do the role. That is fair enough. But asking broadly about past injuries, health conditions, or medical history is unlawful. The question only becomes permissible when it is directly and specifically tied to an inherent requirement of the role.

Ask this instead: “This role involves regular manual handling of items up to 25kg. Is there any reason you would be unable to safely perform this task?” Even better, follow up with: “Are there any workplace adjustments we could make to help you perform this role successfully?” That second question signals you are a serious employer, not one looking for a reason to screen someone out.

Other Interview Topics That Can Get You into Trouble

Beyond the big three, there are a few other areas where questions can cross the line. Keep these off the table:

• Religion
• Pregnancy
• Nationality and ethnicity
• Mental health

Getting This Right Actually Makes You a Better Hirer

Here is the thing guys, beyond just staying compliant, getting your interview questions right genuinely improves your hiring outcomes. Questions that probe relevant skills, experience, problem-solving, and cultural fit will tell you far more about a candidate than anything about their age, family, or health history.

Behavioural questions like “tell me about a time you managed competing priorities under pressure” give you real, usable signal. Questions about personal characteristics give you noise and legal liability. At the end of the day, you want to hire the best person for the role. Stick to questions that actually help you do that.

At TRS Resourcing we work with businesses across Melbourne, Sydney, and beyond to build structured, compliant, and effective interview processes. We operate in industries where a bad hire is expensive. A poorly selected tradesperson, an unfit logistics operator, an incompatible team member on a high pressure defence project. Getting the process right from the start is not optional.

Not Sure If a Question Is Okay? Use This Simple Test

Before you ask anything in an interview, run this check: is the answer to this question directly relevant to the candidate’s ability to perform the core duties of this role? If you cannot make a clear and defensible connection between the question and the actual job, leave it out. It is that simple.

If you want support building proper interview frameworks, conducting compliant candidate assessments, or managing your hiring process end to end, TRS Resourcing is here to help. This is what we do every day.

Need Help Structuring Your Interview Process?

Get in touch with the TRS Resourcing team or submit your vacancy requirements and one of our consultants will be in touch within 24 hours.

You might also find useful: https://www.trsresourcing.com/article/5-job-interview-tips-to-make-a-great-impression-2025-2026-edition/