Refine results
-
14 December 2012Book page
Human Rights: On the record
The following Guidelines form the basis for best practice workplace policy and practice on employing people with a criminal record. They are described in more detail in On the Record – Guidelines for the prevention of discrimination in employment on the basis of criminal record. -
Rights and Freedoms14 December 2012Publication
Human Rights: On the record
Over recent years, the Commission has received a significant number of complaints from people alleging discrimination in employment on the basis of criminal record. The complaints indicate that there is a great deal of misunderstanding by employers and people with criminal records about discrimination on the basis of criminal record. -
14 December 2012Book page
Human Rights: On the record: Preface
Every employer has the right to employ someone of their own choosing, based on a person’s suitability for a job. Employers best understand the main requirements of that job and what qualities are needed in an employee to meet those requirements. Yet it is also in employers’ interests to treat job applicants and employees fairly and in accordance with legal obligations. -
14 December 2012Book page
Human Rights: On the record: Glossary
Learn about the Australian Human Rights Commission's human rights glossary in relation to criminal records, such as conviction, police check and CrimTrac. -
14 December 2012Book page
Human Rights: On the record: Appendix 2
An organisation covered by the Privacy Act must only collect necessary criminal record information (for example, this should be information relevant to the job in question) and must collect it fairly and lawfully. -
14 December 2012Book page
Human Rights: On the record: Dismissal (Chapter 7)
However, this step should never be taken lightly and should constitute a last resort for the employer after a consideration of all the issues. This will involve a consideration of an employer’s legal responsibilities under anti-discrimination law and unfair dismissal laws (see Section 3). -
14 December 2012Book page
Human Rights: On the record: Chapter 4
Under the AHRC Act, an employer can make a distinction against someone with a criminal record if the person’s particular criminal record means that they are unable to fulfil the inherent requirements of the job. Another way of putting this is that an employer can make a distinction against someone if the criminal record is relevant to the job. This conduct does not constitute discrimination… -
14 December 2012Book page
Human Rights: On the record: Employment (Chapter 6)
The Commission accepts complaints of discrimination on the basis of criminal record from people who allege that they have been discriminated against in their conditions of employment. For example some people may feel discriminated against because they have been denied promotion or training on the basis of their criminal record. As with recruitment and termination decisions, an employer should… -
14 December 2012Book page
Human Rights: On the record: Introduction (Chapter 1)
Every employer has the right to employ someone of their own choosing, based on a person’s suitability for a job. Employers best understand the main requirements of that job and what qualities are needed in an employee to meet those requirements. Yet it is also in employers’ interests to treat job applicants and employees fairly and in accordance with legal obligations, including anti… -
14 December 2012Book page
Human Rights: On the record: Useful contacts
Useful contacts for support in cases of discrimination in employment on the basis of criminal record -
14 December 2012Book page
Human Rights: On the record: Recruitment (Chapter 5)
If an employer has a fair and open process of dealing with the disclosure of criminal records at the outset, many complaints of discrimination can be avoided. -
14 December 2012Book page
Human Rights: On the record: Issues for special organisations (Chapter 8)
There are an increasing number of professions and occupations which require licensing and registration before employment is possible. Key examples include teaching, nursing, casino workers, taxi drivers and bus drivers. Usually licensing and registration organisations apply specific legislation that requires a criminal check for each individual applicant. -
14 December 2012Book page
Human Rights: On the record: Discrimination in employment on the basis of criminal record under the AHRC Act (Chapter 2)
Under the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act), the Commission can handle complaints about discrimination in employment or occupation on the basis of criminal record. -
14 December 2012Book page
Human Rights: On the record: What other relevant laws do employers have to comply with? (Chapter 3)
Tasmania and the Northern Territory have laws that specifically prohibit discrimination on the basis of criminal record. The laws cover discrimination in other areas as well as employment, including the provision of goods and services, education and accommodation. -
Rights and Freedoms14 December 2012Webpage
Human Rights: Discrimination in Employment on Basis of Criminal Record
Australians who have a criminal record often face significant barriers to full participation in the Australian community. Trying to find a job is one of the areas of greatest difficulty for former offenders. This discussion paper explores one potential barrier to employment: discrimination in the workplace on the basis of criminal record. -
Legal14 December 2012Webpage
Model Spent Convictions Bill
Recommendation 2: Provision be made for serious offences by providing that serious offences can only be spent if a court so orders (in accordance with the procedure set out at clause 9). -
14 December 2012Book page
HREOC REPORT NO. 38: Report of an inquiry into a complaint by Mr Frank Ottaviano of discrimination in employment on the basis of criminal record against South Australia Police (State of South Australia)
Dear Attorney Pursuant to section 31(b)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) I attach a report of my inquiry into a complaint by Mr Frank Ottaviano of discrimination in employment on the basis of criminal record by the State of South Australia (South Australia Police). I have found that the act and practice complained of constitutes discrimination in employment…