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July 23 2013

Checking publicly available civil litigation information may ensure organisations safeguard themselves

Checking publicly available civil litigation information may ensure organisations safeguard themselves against hiring people found negligent or liable by a civil court, but involves a whole host of limitations and risks.

Last year, Queensland Health was held to account over having employed an IT manager for five years who had previously been the head of an internet services company which was ordered to pay $210,000 worth of damages for using pirated software in 2001. A check of litigation records may have allowed it to avoid getting into this difficult situation. However, checks of civil proceedings may identify cases that would be considered a 'spent conviction' in a criminal history search, and therefore cannot be considered by an employer.