We were recently asked whether or not sending a resume via email to a potential employer is permitted under the Australia Spam Act. As is the case with many things in law, the answer is ‘it depends’ and here’s why…
If you are an individual seeking employment, and your electronic message states only facts about yourself and some additional commentary (for example, your own resume and a covering letter), then this will not be a commercial electronic message and will not be within the scope of the Act.
However, if you are a recruitment firm or employment agency and you are excited about what you have just read above, then stop right where you are. You would be sending messages for the purpose of attracting business (that is, you’d be offering a service). Therefore, the emails would be of a commercial nature and consequently, you must comply with the consent, identify and unsubscribe requirements under the Act.
As you can see, whether an electronic message is commercial or not will determine whether your message (in this case, an email attaching a resume) will be caught under the Act.