DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
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Submission No. 57 - Queensland Department of Employment and Training
Submission from: PAUL CASEY, A/General Manager, Human Resource Strategy and Performance
Action Officer: Ray Clarke, Contact No: 07 324 75247
Mr Stephen Duffield
Director, Human Rights Unit
Human Rights and Equal Opportunity Commission
GPO Box 5218
SYDNEY NSW 2001
Dear Mr Duffield,
I refer to correspondence received from the Human Rights Commissioner, Dr Sev Ozdowski OAM and Ms Kat e Temby, Policy Officer, Human Rights Unit, both regarding 'Discrimination in employment on the basis of criminal record' and dated 13 December 2004.
The Department of Employment and Training does not have an agency specific statutory head of power which provides for criminal history screening requirements, where other agencies do; for example the Department of Corrective Services and the Department of Child Safety.
However, the department uses the authority
granted under the Criminal
Law (Rehabilitation of Offenders) Act 1986 to check for criminal
histories of applicants for positions in TAFE Queensland, the largest
element of this agency's organisational structure. The attached departmental
policy details the department's procedures in this regard (
Attachment
One).
During 2004, the Public Service Act 1996 was amended to provide the wider public sector with a statutory basis for criminal history checking procedures. Those newly inserted provisions are operationalised via an administrative instrument known as 'Directives'.
As a declared unit of the Queensland Public Sector, this department is subject to Directives governing conditions of employment and related matters. The Office of Public Service Merit and Equity (OPSME) and the Department of Industrial Relations jointly perform the role of assisting their respective Ministers in promulgating and regulating such directives.
Directive
Number 2 of 2004, entitled 'Criminal History Checks' (Attachment
Two) was issued by the OPSME, describing the circumstances
in which criminal history checks may be conducted on a recommended
person, proposed to be engaged to perform relevant duties in the Queensland
Public Service. The OPSME has also issued a comprehensive set of guidelines
(
Attachment Three) to assist agencies in the application
of the directive.
Importantly, the directive provides for criminal history checking to occur wholly subsequent to all merit assessment processes being finalised and also allows for appeal rights in certain circumstances.
I trust this information is of assistance to you. Should you have any queries in relation to this matter, please do not hesitate to contact Mr Ray Clarke, A/Manager, Workforce Management Services on telephone (07) 3247 5247 or by email to ray.clarke@det.qld.gov.au .
Yours sincerely
PAUL CASEY
A/General Manager
Human Resource Strategy and Performance
Reference: HR/260