DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
Click here to access:
- Summary of the Criminal Record Discussion Paper
- Criminal Record Discussion Paper
- Index of Submissions Received
- Human Rights Homepage
Submission No. 29 - Federation of Community Legal Centres (Vic) Inc
Pauline Spencer, Executive Officer
To: Stephen Duffield |
February 18, 2005 |
|---|
Dear Mr Duffield,
Discrimination in employment on the basis of criminal record Discussion Paper
We appreciate the opportunity provided by HREOC to comment on the "Discrimination on the basis of criminal record - Discussion Paper".
The Federation of Community Legal Centres Vic. Inc ("the Federation") is the peak body for forty-nine Community Legal Centres (CLCs) across Victoria, including both generalist and specialist centres. CLCs assist in excess of 60,000 people throughout Victoria each year by providing provide free legal advice, information, assistance, representation, and community legal education.
Overwhelmingly, the people who use CLCs are on low incomes, with most receiving some form of pension or benefit. CLCs also see a considerable number of people who have criminal records or who are defendants in criminal proceedings. The Federation is concerned at the prevalence of discrimination occurring on the basis of criminal records and the impact this is having on the rehabilitation and reintegration of offenders into the community.
Victorian CLCs, have contributed to several detailed submissions on the discussion paper. As the peak body for CLCs in Victoria, we fully and strongly support these CLC submissions and their recommendations.
- Fitzroy Legal Service
- Jobwatch
- Public Interest Law Clearinghouse
We further urge that HREOC make recommendations as follows:
- Discrimination on the basis of a person's criminal record in employment or other areas of life, should be unlawful throughout Australia, through the enactment by Commonwealth, State and Territory governments of equal opportunity and anti-discrimination laws. For discrimination in employment, prohibited discrimination should include both people seeking employment and those already in employment.
- People facing discrimination on the basis of criminal record should have access to adequate means of redress. Commonwealth, State and Territory governments should enact laws to ensure that equal opportunity and anti-discrimination laws provide adequate remedies including compensation and reinstatement.
- Resources should be provided through both the relevant statutory authorities as well as to services such as community legal centres, which will be called upon to provide community education programs for both employers and people with criminal records, and to advise and assist with individuals complaints.
- Only criminal matters in which a criminal conviction has been recorded by a criminal court should be placed on a person's criminal record.
- A spent conviction scheme is a necessary part of a fair justice system that does not unfairly stigmatize people with a criminal record. States where no spent convictions scheme exists should rectify this.
- That a national uniform model for a spent conviction scheme be developed and implemented in all states and territories. The development of state-based schemes in jurisdictions that do not yet have such schemes, such as Victoria, should not be delayed until a national uniform scheme can be developed.
If you have any questions, please contact Sarah Nicholson, Policy Officer on 9654 2204 or Sarah_Nicholson@fcl.fl.asn.au.
Yours sincerely,
Pauline Spencer
Executive Officer