Spent convictions reform

Have you been discriminated against because of your ‘actual’ or ‘implied’ criminal record?
Have you been dismissed or fired because of your ‘actual’ or ‘implied’ criminal history?
OR
Have you been denied an opportunity, or position because of your ‘actual’ or ‘implied’ criminal history?
I am currently advocating for changes, and I NEED your help!
I believe that we should all be given the right to access meaningful employment, the right to be treated with respect, the right to change, the right to rehabilitate and that every single Australian, should be treated fairly and be provided with equal opportunities.
I would like to see all States and territories in Australia provide more protections for individuals with criminal histories, much like those already in place in the Northern Territory, Victoria, and Tasmania.
I would also like to see the Australian Government make changes to the Federal Human Rights legislation limiting an individual’s access to relief such as damages and injunctions. The Federal Government should allow the Human Rights Commission more powers to intervene in discrimination disputes as currently, the Commission has very limited powers.
Lastly, I would like to make changes to all Australian legislation allowing the publication of ‘spent’ convictions in Australia and make changes to the rights of publishers, to report on allegations that are not proceeded with, when criminal charges are not presented, when criminal charges are dropped, withdrawn and/or dismissed.
Publishers should be held accountable and must consider ‘spent’ periods when publishing or reviewing published material. Further, if publishers are allowed to continue publishing allegations as matters of public interest, those publications should be reviewed within specific time frames to ensure they are removed, in cases where no further action has been taken. If you would like to provide your support, share your personal story or get in touch to learn more, please fill out the below form and I will get back to you personally. Filling out this form will allow your voice to be heard and for me to keep you updated with any changes that take place!

WHAT PROTECTIONs (IF ANY) DO YOU HAVE CURRENTLY?

Introduction
I have developed this guide primarily, for individuals experiencing discrimination because of their ‘actual’ or ‘implied’ criminal history. I have personally experienced discrimination for my ‘actual and implied’ criminal history. As an advocate for Justice and Equality, I work incredibly hard to identify and address all forms of discrimination against myself and others however, I have found that it is discrimination based on an individual’s criminal history which seems to be the most unrecognisable.
Most individuals being discriminated against because of their criminal history, are not aware of their rights, and do not yet know that there are protections available to them. I have also found that most employers are not aware of their obligations when screening potential employees for roles and specifically, not aware of their responsibilities when they find employees to have disclosable, criminal histories. Firstly, what is discrimination
According to the Australian Human Rights Commission, discrimination occurs when an individual or group of people are treated less favourably than another individual or group because of their background or personal characteristics, known also as ‘direct discrimination’.
Another form of discrimination, ‘indirect discrimination’ occurs when an unreasonable rule or policy applies to all however, it disadvantages some individuals or groups because of the personal characteristics they share.
Some types of discrimination are against the law such as;
Discrimination based on an individual’s age, disability, race, skin colour, national or ethnic origin, immigrant status, sex, pregnancy, relationship status, breastfeeding, family responsibilities, sexual orientation, gender identity or intersex status.
The principle of non-discrimination is important because it ensures that we all share the same opportunities as one another within society. Non-discrimination is about removing stereotypes and bias which allows individuals to participate within our society based on their merits rather than being judged by characteristics attributed to them through generalisations.
Secondly, what is criminal history discrimination
Criminal history discrimination is where an individual is refused a job, dismissed from employment, denied training opportunities, denied promotion, harassed within the workplace, or subjected to less favourable conditions because the individual has an ‘actual’ or ‘implied’ criminal record.
The terms ‘discrimination’ and ‘criminal record’ are to be interpreted with reference to the Human Rights and Equal Opportunity Commission Act 1986 (Cth)[1] and the International Labour Organisation Convention 111 (ILO 111) [2].
Why is it important not to discriminate?
Australians who have a criminal record often face significant barriers to rehabilitation and full participation in the Australian community. Many people with a criminal record experience other social and economic disadvantage, such as low levels of education, health problems, housing problems and lack of work experience, which make it difficult for them to find employment[3].
Research suggests that the disadvantages felt by people with a criminal record can lead to recidivism[4]. Among Juveniles and indigenous Australians in particular, the negative impact of a criminal record is of greater significance, as acquiring a criminal record at a young age can lead to long term unemployment with the over-representation of Indigenous people in the criminal justice system contributing to an over-representation of Indigenous people in the unemployment figures[5].
There have been many academic, sociological, criminological and government studies examining the connection between persons with a criminal record and unemployment[6]. Research indicates that employers prefer not to hire a person with a criminal record, if given the chance to hire someone who does not have such a record[7]. An Important Balance
There is an important balance which must be considered when we consider the rights of an individual with a criminal history and the obligations of an employer’s obligations to the individual.
The Australian Human Rights Commission, formerly the Human Rights and Equal Opportunity Commission provided the following;
Like many other areas of discrimination, the issue of discrimination on the basis of criminal record involves a careful balancing of different rights. On the one hand former offenders have ‘served their time’ and paid their debt to society. They have the same right to seek employment as any other member of the community. On the other hand, there may be certain circumstances where a person with a particular criminal record poses an unacceptably high risk if he or she is employed in a particular position [8] .
While the principle of non-discrimination seeks to provide individuals with criminal records equal rights and opportunities, there are still some exceptions in Australia known as ‘inherent requirements’, protecting the rights of employers to differentiate between those with and without criminal records.
Some professions and occupations explicitly prohibit by law the participation of persons with certain criminal records such as working with children or registering as a lawyer, doctor, or security guard. A past conviction may also have an impact on someone seeking to run for parliament[9].
Even where there is no explicit limitation on hiring a person with a criminal record, employers may perceive that those persons pose a higher risk of dishonesty, unreliability, irresponsibility, or undesirable character[10]. Some employers may be concerned about how their clients, or their other employees might react if an employee’s criminal record becomes known[11].
Actual criminal history
Criminal records are kept by police services in each state and territory of Australia and While the information that is kept by the police and the way it is kept differs, it generally includes:
• court convictions, including any penalty or sentence• findings of guilt with no conviction• matters awaiting court hearing• traffic infringements[12].
An ‘actual’ criminal history is when an individual’s criminal history is recorded in this way and includes only the individuals’ criminal convictions. In most jurisdictions it is possible to obtain a check of the records held by the State police service, or to obtain a National Police Certificate which includes a check of all records held in all jurisdictions[13]. A person may be required to undergo a criminal record check for a variety of reasons, including employment screening, volunteer work, preparing for a court appearance, visa applications, firearms licensing, or to satisfy a statutory requirement. A working with children check, also requires a criminal history check be completed.
Implied criminal history
An ‘Implied’ criminal history may be where an individual is charged with an offence however, no conviction is made against them or in some circumstances, no conviction is recorded. For example, if an employer refuses to offer an individual a job where they have been charged and not convicted, the employer would be ‘implying’ that the individual has a criminal history and discriminating against them. Implying the individual is guilty because of a criminal charge.
On multiple occasions I have been discriminated against due to my ‘implied’ criminal history, where organisations have relied on media reports of ‘alleged’ criminal behaviour to justify dismissal, when no criminal charges were presented against me, and no convictions have been recorded. In these cases, every single organisation has relied on an ‘implied’ criminal history, it is not an ‘actual’ criminal history recorded by the police.
This is where things have become quite tricky for me to navigate personally. Those with criminal convictions have access to rights under various ‘spent’ convictions schemes in Australia however, individuals discriminated against because of their ‘implied’ criminal history, do not have access to the rights provided in this legislation. This is something I would like to reform in Australia, so that we all have access to the same protection.
The media have rights to report on matters of ‘public interest’ and are protected. For example, the media writes an online article about you, as you have been charged with a criminal offence. The media is allowed to report on criminal proceedings as they are considered matters of ‘public interest’ and are exempt from most ‘spent’ conviction legislation. You may later be acquitted of the offence and therefore, your ‘actual’ criminal history does not contain the offence however, you are refused a job some years later because an employer has conducted a ‘google’ search and found this article which mentions you, charged with a criminal offence. In most instances, the employer does not consider your innocence and you are not considered for this opportunity.
For the most part, the ‘spent’ convictions legislation is outdated, pre-dating internet search engines and social media. I believe that the legislation should be updated to consider these recent technological advances and ensure that media companies remove their articles when ‘spent’ or when an individual is acquitted. These companies could consider the ‘spent’ period and have their articles removed automatically or by application.
I was fortunately able to act against some of the media companies that published negative articles about me and had them removed, successfully. I was able to rely on Australian defamation law however, these types of actions are not available to everyone, especially when the media is reporting on facts and in they are considered ‘public interest’.
International Protection
In 1973 Australia ratified the International Labour Organisation Convention 111, the Discrimination (Employment and Occupation) Convention 1958 (ILO111).
The ILO 111 requires all countries who are party to the Convention to: …declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. While the Convention specifies certain grounds of non-discrimination, including race, colour, sex, religion, political opinion, nationality, and social origin, it also leaves room for parties to add further grounds of non-discrimination. In 1989 Australia added a variety of grounds, including criminal record[14]. Article 1(1)(a) of ILO 111 defines ‘discrimination’ in employment as:
Any distinction, exclusion or preference made on the basis of … [criminal record] … which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.
Although as previously mentioned, there is an exception to this general definition, known as the inherent requirements exception.
In 1975 Australia ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR); in 1980 Australia became a party to the International Covenant on Civil and Political Rights (ICCPR); and in 1990 Australia ratified the Convention on the Rights of the Child (CRC).
These three treaties prohibit Australia from discriminating against any person on grounds including race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or any ‘other status’[15].
International jurisprudence indicates that discrimination on the grounds of criminal record would fall into the ‘other status’ category[16].
National Protection
The only National legislation that provides protection against discrimination based on criminal record is the Australian Human Rights Commission Act (Cth)[17] , Formerly, the 1989 Human Rights and Equal Opportunity Commission Act (Cth)[18] .
Under the Act [19], the Commission can investigate complaints of discrimination in employment based on criminal record. It is important to note that while certain conduct may be found to constitute discrimination by the Commission, the Act does not make the conduct unlawful. What this means is that, If the Commission finds that an act or practice constitutes discrimination, and the complaint is unable to be conciliated between the parties, the Commission’s actions are limited to preparing a report with recommendations for the Attorney-General and parliament.
The legislation defines ‘actual’ and ‘implied’ criminal history, providing legislative protections for both types of criminal history. The Act [20] also provides a general exception to discrimination in employment, known as the ‘inherent requirements’ exception. Under the Commonwealth's Disability Discrimination Act 1992 [21], section 30 limits the scope of questions which can be asked prior to deciding whether to employ. Essentially just questions which relate to the inherent requirements of the job may be asked. Questions regarding age, gender and parental responsibility may not be asked unless they are relevant [22]. State Protections
In Australia, all state and Territories have anti-discrimination legislation [23] however, only the Northern Territory [24], Victoria [25] and Tasmanian [26] anti-discrimination acts provide protections for those with criminal records. All other States and Territories have “spent’ conviction legislation[27] which provides some protection, for those with ‘spent’ convictions. Only the Australian Capital Territory [28] and Queensland [29] have Human Rights Acts. Spent convictions protection
Spent conviction legislation allows the criminal records of offenders to be cleared after certain periods of time. The idea behind the spent convictions schemes is to give former offenders a second chance, supporting their continued rehabilitation and assisting them in obtaining meaningful employment to re-join society.
In Australia, each State and Territory has its own spent conviction scheme, the Commonwealth spent convictions scheme was first introduced in 1990, recommended by the Law Reform Commission[30]. Although each jurisdiction has its own ‘spent’ convictions legislation, they are not the same and do not provide the same protections.

IN QUEENSLAND

In Queensland - Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) There are no grounds to claim discrimination based on a criminal record under Queensland law However, the Criminal Law (Rehabilitation of Offenders) Act [31] provides that a person’s criminal history must not be disclosed after the “rehabilitation period” has expired, unless the individual agrees and consents to disclose that information willingly. It is an offence under the Act [32], for another person or organisation to disclose your ‘spent’ convictions. There are circumstances where a criminal history must be disclosed which includes applications to work with the Queensland Police Service, the education system, or a person approved, licensed, or registered under the Child Protection Act 1999 [33]. The table below provides additional information. If you have a criminal record and reside in Queensland, you will find this table helpful. I recently made a submission to the Queensland Human Rights Commission Review of the Anti-Discrimination Act [34]. Hopefully, the Queensland Human Rights Commission will recommend changes that will provide further protections for Queenslander’s, discriminated against because of their criminal history. You can view my full submission HERE.

IN NEW SOUTH WALES

In New South Wales - Criminal Records Act 1991 No 8 (2020) The Criminal Records Act 1991 (NSW) [40] provides for a crime free period, after which most minor offences will be treated as spent. Once a conviction is spent, the person concerned is not obliged to disclose it and can legally deny having a criminal record. The Act allows for a conviction of six months or less to become spent after a ten-year conviction-free period (three years for juvenile offences). Convictions for certain serious offences are not protected. Furthermore, the spent conviction provisions do not apply to appointments to legal offices (Judges, Magistrates, JPs), or for employment as police officers, prison officers, teachers, teacher's aides, or providers of childcare services. The table below provides additional information. If you have a criminal record and reside in New South Wales, you will find this table helpful.

IN AUSTRALIAN CAPITAL TERRITORY

In Australian Capital Territory – Spent Convictions Act 2000 (ACT) The Spent Convictions Act 2000 (ACT)[45] provides a scheme whereby, after completion of a period of crime-free behaviour, a conviction to which the scheme applies is regarded as ‘spent’ and, subject to certain exceptions, no longer forms part of an individual’s criminal history. The following convictions, however, cannot be spent;Convictions for which a sentence of greater than 6 months imprisonment has been imposed, convictions for a sexual offence and any other conviction prescribed by the regulations. The table below provides additional information. If you have a criminal record and reside in the Australian Capital Territory, you will find this table helpful. If your convictions have become ‘spent’, the Discrimination Act 1991 (ACT) [46] prohibits discrimination based on a spent record.

IN VICTORIA

In Victoria - Spent Convictions Act 2021 (VIC) This Victorian legislation [35] is the most recent in Australia and establish a scheme for convictions to become ‘spent’ either automatically, or upon application. Those convictions that become ‘spent’ automatically are where a conviction is not recorded by the court, is a finding of guilt under the Crimes (Mental Impairment and Unfitness to be Tried) Act [36], is committed under the age of 15 years (even if a serious offence), or the individual satisfies the conditions imposed by the court for example; a community service order or fine becomes ‘spent’ upon completion and/or payment. Convictions in Victoria automatically become ‘spent’ where the conviction period of 10 years (5 years for juveniles) has been completed. Those convictions that are to be ‘spent’ upon application include sexual offences where no term of imprisonment was ordered, the person was a juvenile offender, any case where the term of imprisonment imposed is less than 5 years.This Act [37], also provides offences for disclosing an individuals ‘spent’ conviction information and for obtaining that information fraudulently and/or dishonestly. If you have been discriminated against because of your ‘spent’ conviction in Victoria, the Equal Opportunity Act 2010 [38], has been amended to provide you with better protections. The table below provides additional information. If you have a criminal record and reside in Victoria, you will find this table helpful.

IN TASMANIA

In Tasmania – Annulled Convictions Act 2003 (TAS) In Tasmania, the Annulled Convictions Act 2003 (TAS) applies. The legislation is similar to that which exists in other jurisdictions, it allows for the annulment of minor convictions after a 10-year period of good behaviour or 5 years for a youth. Only if an individual is convicted of another offence and sentenced to a term of imprisonment during the period, it is still capable of being annulled. After an individual’s conviction has been annulled, the person is no longer required to disclose that conviction, the conviction is no longer taken to form part of their criminal record and the individual cannot be refused any appointment, post, status, or privilege or have any appointment, post, status, or privilege revoked because of non-disclosure. A person must not threaten to disclose another’s annulled conviction or disclose the conviction. If an individual breaches any of these provisions, they may be liable for a fine not exceeding 50 penalty units. The table below provides additional information. If you have a criminal record and reside in Tasmania, you will find this table helpful.

IN SOUTH AUSTRALIA

In South Australia – Spent Convictions Act 2009 (SA) The Spent Convictions Act 2009 (SA) [43] provides a ‘qualification period’ of 10 consecutive years (or 5 consecutive years for juvenile offences) after which time an eligible conviction, becomes a ‘spent’ convention. A conviction for an offence is also ‘spent’ where the conviction has been quashed, where a person has been granted a pardon or where no conviction was ever recorded against a person. The qualification period will be extended where a person is registrable offender under the Child Sex Offenders Registration Act 2006 (SA)[44] and any sex offence, will not become ‘spent’ unless, the chief Magistrate makes a discretionary order in the Magistrates Court of South Australia to apply a ‘spent’ period. Again, under this legislation an individual’s criminal history is protected and if another person, fraudulently or dishonestly obtains and/or discloses information about an individual’s ‘spent’ conviction, they may face a maximum penalty of $10,000. The table below provides additional information. If you have a criminal record and reside in South Australia, you will find this table helpful.

IN WESTERN AUSTRALIA

In Western Australia - Spent Convictions Act 1988 Although there is no specific legislation prohibiting discrimination based on a criminal record, it is prohibited to discriminate based on a lapsed or ‘spent’ conviction under the Spent Convictions Act 1988 (WA) [39]. Under the Act, if the prescribed period has passed since the conviction and there have been no further convictions, an individual can make an application to have the conviction declared ‘spent’. Where a Spent Conviction Order has been granted by the court, the conviction need not be disclosed or acknowledged for employment purposes. However, there are exceptions where a spent conviction must still be disclosed, including application for employment as a police officer, prison officer, bank employee, teacher, security guard or casino employee. The table below provides additional information. If you have a criminal record and reside in Western Australia, you will find this table helpful.

IN NORTHERN TERRITORY

In Northern Territory – Criminal Records (Spent Convictions) Act 1992 (NT) Under the Anti-Discrimination Act 1992 (NT) [41], it is unlawful to discriminate against a person on the grounds of an ‘irrelevant criminal record’. It also prohibits asking another person to supply information on which unlawful discrimination could be based however, this legislation includes an exemption to discrimination, where the work principally involves the care, instruction, or supervision of vulnerable persons, including children much like other States and Territories. If you reside in the Northern Territory and have been discriminated against because of your criminal history whether ‘spent’ or not, there is a range of remedies available to you, if a successful claim is made for discrimination on this basis, including an order to cease the prohibited conduct, pay you compensation or re- instate your position as an employee. Under the Criminal Records (Spent Convictions) Act 1992 (NT) [42], convictions, other than those for a sexual offence, an offence by a body corporate, a prescribed offence, or a conviction for which a period of imprisonment for less than 6 months was imposed, may become spent after a period of ten years or (5 years if convicted in the Youth Justice Court). After this time, persons are not required to disclose their ‘spent’ convictions unless an application is being made for employment to work with vulnerable persons, including children. The table below provides additional information. If you have a criminal record and reside in the Northern Territory, you will find this table helpful.

COMMONWEALTH CONVICTIONS

Exemptions to the Rules of Spent Convictions
Some professions and trades are quite specific about the types of convictions which may disqualify applicants for a licence. For example, in New South Wales an applicant is prohibited from obtaining a security industry licence if he or she has committed an offence involving firearms, drugs, assault, fraud, dishonesty or stealing within ten years of making the application[47].
Some exemptions may apply to the following;
• persons working with children (see above)• police and corrections officers (see example above)• security professionals (including bouncers, security guards, locksmiths) and private investigators• lawyers, public notaries, justices of the peace• doctors, dentists, nurses, pharmacists, and other health professionals• members of Parliament and certain public office holders• company managers and officer holders in certain associations• conveyancers, real estate, and land agents• building work contractors, plumbers, and gas fitters• taxi and other public passenger licences• bookmakers and gaming licence holders• liquor sellers and publicans• second hand dealers and pawnbrokers[48].
All jurisdictions in Australia have made a policy decision that the protection of children is so important that the criminal records of persons working with children should be closely scrutinised.
Some professions require that an applicant be of ‘good character’ or a ‘fit and proper’ person and being of ‘good character’ does not necessarily mean that an individual must be free from criminal convictions, it is possible to be of ‘good character’ even with a criminal history.
Where there are ‘good character’ requirements, the case law states that the mere fact of a criminal record does not determine a person’s character and that the passage of time can heal past wrongdoing[49]. As one judge put it:
…each case will necessarily turn on its own facts. The nature of the initial misconduct, the subsequent attitude of the person disqualified towards it, that person’s behaviour during the period of disqualification, and the passage of time itself, are all factors which will be relevant in determining whether a person has demonstrated that they are currently of good character[50].
Inherent Requirements
Exemptions cannot be applied broadly. That is, for someone’s criminal history to be considered and for the exemptions to apply, it must be inherently required by the position. This is assessed on a case-by-case basis.
For example, when applying for a position as a tax agent, it would inherently require the applicant not be convicted of tax fraud, as that would prevent them from obtaining and holding licence. Consider however, where an applicant has been convicted of a traffic offence, it would not be considered an inherent requirement because the position of tax agent, does not specifically require them to travel.
If for example, an individual is applying for a position as a truck driver and presents with a history of traffic offences, that would prevent them from being considered for this position because having a driver’s licence, and a clean driving record would be considered an inherent requirement for this position.
If you are an employer, you should carefully consider the inherent requirements of the job you are hiring for and whether you have the right to consider an individual’s criminal history. Depending on the State or Territory you live, criminal and/or civil action may be taken against you for considering an individual’s criminal history.
Would you like to see these laws changed?
IF you been discriminated against because of your ‘actual’ or ‘implied’ criminal record; OR IF you been dismissed or fired because of your ‘actual’ or ‘implied’ criminal history; OR IF you been denied an opportunity, or position because of your ‘actual’ or ‘implied’ criminal history; OR IF you would just like to see individuals given a fair go; PLEASE GET IN TOUCH
References
[1] Human Rights and Equal Opportunity Commission Act 1986 (Cth)[2] International Labour Convention 111 (ILO 111)[3] H Metcalf, T Anderson, and H Rolfe, 25-26.[4] See Law Reform Commission, 11; also, F Duffy, 12, 14. [5] F Duffy, 11.[6] See for example, F Duffy, An analysis of the policies programs and practices developed and implemented to assist ex-prisoners gain employment in Australia, thesis, University of New South Wales, 2004 p12, 14 (F Duffy); HJ Holzer, S Raphael and M Stoll, Will Employers Hire Ex-Offenders? Employer Preferences, Background Checks, and their Determinants, Institute of Business and Economic Research, University of California, Berkeley, Working Paper No W01-005, October 2001 (HJ Holzer, S Raphael and M Stoll); Justice (Society) with The Howard League for Penal Reform, Living It Down- The Problem of Old Convictions: The Report of a Committee set up by JUSTICE, The Howard League for Penal Reform [and] The National Association for the Care and Resettlement of Offenders, Stevens and Sons, London, 1972; H Metcalf, T Anderson and H Rolfe, Barriers to employment for offenders and ex-offenders, Research Report No 155, Department for Work and Pensions, 2001 pp110-113 (H Metcalf, T Anderson and H Rolfe); D Pager, ‘The Mark of a Criminal Record’ American Journal of Sociology 108(5) 937 (March 2003); J Waldfogel, The Effect of Criminal Conviction on Income and the Trust “Reposed in the Workmen”, The Journal of Human Resources 1 (1993) XXIX; B Western and JR Kling and DF Weiman (July 2001) The Labor Market: Consequences of Incarceration, Crime and Delinquency, 47(3) p410.[7] See for example HJ Holzer, S Raphael, and M Stoll, p11. [8] Human Rights and Equal Opportunity Commission Discussion Paper. Discrimination in Employment based on Criminal Record. (2004).[9] For more examples, see The Law Reform Commission, Criminal Records, Discussion Paper No 25 (December 1985) 77 (The Law Reform Commission).[10] H Metcalf, T Anderson, and H Rolfe, 110-113.[11] R Giguere and L Dundes, ‘Help Wanted: A Survey of Employer Concerns about Hiring Ex-Convicts’ (December 2002) 13(4) Criminal Justice Policy Review 396.[12] This is governed by the police legislation in each jurisdiction, for example, the Police Service Administration Act 1990 (Qld).[13] The process of completing a National Criminal History Record Check is managed through a national agency called CrimTrac. [14] Human Rights and Equal Opportunity Commission Regulations 1989 (Cth). Other grounds of discrimination added by this regulation include age; medical record; impairment; marital status; mental, intellectual, or psychiatric disability; nationality, physical disability; sexual preference; and trade union activity. [15] See ICESCR article 2(2);ICCPR articles 2(1), 26; CRC article 2(1).[16] The European Court of Human Rights has interpreted non-discrimination on the grounds of ‘other status’ to include non-discrimination based on criminal record: see Thlimmenos v Greece, 6 April 2000, Application No 34369/97. See also S Joseph, J Schultz, and M Castan, The International Covenant on Civil and Political Rights; Cases, Commentary and Materials, Oxford University Press, 2nd ed, 2004, p689 which discusses UN Human Rights Committee decisions suggesting that a clearly definable group of people linked by their common status is likely to fall under the definition of ‘other status’.[17] Australian Human Rights Commission Act 1986 (Cth)[18] Human Rights and Equal Opportunity Commission Regulations 1989 (Cth)[19] Australian Human Rights Commission Act 1986 (Cth)[20] Australian Human Rights Commission Act 1986 (Cth)[21] Disability Discrimination Act 1992 (Cth) s 30[22] Willmott v Woolworths Ltd (2014) QCAT 601[23] Anti-Discrimination Act 1988 (Tas), Anti-Discrimination Act 1992 (NT), Anti-Discrimination Act 1991 (Qld), Equal Opportunity Act 1984 (WA), Anti-Discrimination Act 1977 (NSW), Discrimination Act 1991 (ACT), Equal Opportunity Act 2010 (VIC), Equal Opportunity Act 1984 (SA)[24] Anti-Discrimination Act 1992 (NT)[25] Equal Opportunity Act 2010 (VIC)[26] Anti-Discrimination Act 1988 (Tas)[27] Spent Convictions Amendment Regulations 2021 (WA); Spent Convictions Act 2000 (ACT). Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld);Criminal Records Act 1991 No 8 (2020) (NSW); Criminal Records (Spent Convictions) Act 1992 (NT); Annulled Convictions Act 2003 (TAS); Spent Convictions Act 2021 (Vic); Spent Convictions Act 2009 (SA)[28] Human Rights Act 2004 (ACT)[29] Queensland Human Rights Act 2019 (Qld)[30] The Australian Law Reform Commission recommended the introduction of spent conviction legislation in Report No. 37, Spent Convictions, 1987.[31] Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld)[32] Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld)[33] Child Protection Act 1999 (Qld)[34] Anti-Discrimination Act 1991 (Qld)[35] Spent Convictions Act 2021 (VIC)[36] Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (VIC)[37] Spent Convictions Act 2021 (VIC)[38] Equal Opportunity Act 2010 (VIC)[39] Spent Convictions Act 1988 (WA)[40] Criminal Records Act 1991 (NSW) No 8[41] Anti-Discrimination Act 1992 (NT)[42] Spent Convictions Act 1992 (NT)[43] Spent Convictions Act 2009 (SA)[44] Child Sex Offenders Registration Act 2006 (SA)[45] Spent Convictions Act 2000 (ACT)[46] Discrimination Act 1991 (ACT)[47] See Security Industry Act 1997 (NSW), s 16; Security Industry Regulations 1998 (NSW), reg 11.[48] See Attorney-General’s Department South Australia, ‘Spent Conviction Legislation – Discussion Paper’, Adelaide, 2004; S Selleck p2.[49] See Z v Director General, Department of Transport [2002] NSWADT 67 at [30]-[32].[50] Aavelaid v Dental Board of Victoria [1999] VSC 255 at [28] per Coldrey J. See also Good v Medical Board of Western Australia, unreported, Supreme Court of Western Australia, 6 December 1994 at p4 per Anderson J; In re Davis (1947) 75 CLR 409 at 416 per Latham CJ.
Authorised By Shane Cuthbert, 27/102 Hartley Street, Bungalow Copyright © Shane Cuthbert 2024 In the spirit of reconciliation, Shane Cuthbert acknowledges the traditional owners of the land upon which he stands and their connections to land, sea and community. Shane Cuthbert pays respect to all Aboriginal and Torres Strait islander peoples.