DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
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Submission No. 25 - Police Association, Victoria
Submission from: PAUL MULLETT, Secretary
67907S.001
07 May 2005
Dr Sev Ozdowski
Human Rights Commissioner
Human Rights and Equal Opportunity Commission
GPO Box 5218
SYDNEY NSW 2001
Dear Dr Ozdowski
RE: DISCRIMINATION IN EMPLOYMENT ON BASIS OF CRIMINAL RECORD - CONTRIBUTION TO DISCUSSION PAPER BY THE POLICE ASSOCIATION OF VICTORIA
The Police Association ("The Association") thanks you for the opportunity to make a contribution to the Human Rights and Equal Opportunity Commission's ("The Commission") discussion paper on persons with a criminal record seeking employment and any associated lawful and /or unlawful discrimination issues. The Association's concern is mainly with people seeking to become members of the Victoria Police Force ("the Force"), and have noted the example in the discussion paper regarding an applicant for the New South Wales Police Service with a criminal record.
The Association, would in general, agree with the proposition that applicants for police services not have criminal records. The Association is of the view; though, that there needs to be some consideration given by police services to applicants with a criminal record where individual circumstances may warrant a deviation from a broad policy position.
Further, The Association is of the view that it is not helpful to categorise the absence of a criminal record as an inherent requirement . It is, in The Association's view, more properly categorised as an employer requirement. In the case of requirements such as integrity, The Association is of the view that this is more germane to the fiduciary duty implied in all employment contracts. It is a mischaracterisation to characterise a criminal record as an inherent requirement. By this, The Association means that an inherent requirement has to be something intrinsic to the job, and a permanent attribute or quality. Certainly integrity may meet this definition. However, not all criminal offences call into question a person's integrity. The nature of the offence, circumstances surrounding the offence and time elapsed since the offence may all be factors. It could equally be argued that integrity is inherent to all employment and contractual relationships, as without this, the relationship breaks down. This is distinguishable from 'criminal record' though. It may be that someone does not have a criminal record but is lacking in integrity: maybe that person was never detected and apprehended, for example.
In summary, The Association is supportive of integrity and honesty as inherent to policing, but is not convinced that a criminal record is the best way to judge this requirement. As stated earlier, The Association would prefer to see police services apply a better judgment model in this area, although, The Association does have a view that having a criminal record, in the great majority of cases, would render a person unfit fro appointment to the office of Constable.
The Association thanks you for the opportunity to contribute to this discussion. Should you have any queries please do not hesitate to contact me.
Yours sincerely,
PAUL MULLETT
Secretary