CEA has been conducting the Post Release Employment Assistance Program (PREAP) since July 2000. PREAP registered and trains clients in prison for placement in the workforce on release. The discussion question has been answered as follows:
2(a). Yes, CEA has numerous employers who are prepared to offer a fresh start of out client. They do so time and time again and often seek out workers, particularly those who are in Release to Work centres. These job seekers are housed, have enough to eat, monitored and drug tested through Oz Care which makes them less of a risk for employers.
2(b) . Whether to disclose or not to disclose. They are often 'parked' by Job Network members who claim the first initial registration payments and forget them. They fall into the too hard basket. Other issues are mental health problems, tattoos and we think, the ability of other agencies to identify offenders by the JSID number.
2(c). They often gain jobs by stealth, because they are fearful of 'fessing up'. They take lower level positions. They take a job not a career, they are under achievers, don't approach previous employers, and approach work cautiously (or not at all) and are always prepared for rejection. They do not use the Job Network as readily as they could as they are often marginalised there.
2(d). Juveniles - perceived delinquency and lawlessness. They are under educated and under skilled which leads to attitude problems. Often have few support systems, live in poverty, homelessness.
2(e). It is the double whammy - Indigenous with a criminal history, again in the too hard basket. They often return to their communities where there is no real work.
2(f). Too risky and the do not expect them to stay. People with a criminal history sometimes have a lack of skills and presentation. Employers have a fear of the unknown, fear of the reaction of other staff, lack of knowledge about the crime committed and possible insurance ramifications.
2(g). Full disclose of the nature of the crime, work experience for the potential employee to demonstrate a work ethic, education employers as to the reasons for incarceration, financial incentives to give one of our clients a go, mentoring/monitoring program.
3(a). No
3(b). The nature of the crime should be included. People have great difficulty creating a life for themselves when they cannot work. Not all crimes affect all workplaces.
3(c). Mediation and then, if necessary, legal process.
3(d). Nothing specifically relates to them. The current legislation is too ambiguous.
4(a). No
4(b). Mainly a general review. This is a barrier because if they checked further they would be able to ascertain whether the offence was relevant.
4(c). No information on this.
4(d). Unsure, CEA staff have had no feedback in this regard
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5(a). Child care, schools, fun parks etc. - Child sexual offences
Banking, money related position - Fraud
Car theft - car sales
And similarly related cases
The above industries would place the person who has committed an offence of this nature at risk of temptation and further possible offences. It may also place the clients, customers and company at risk.
5(b). Perhaps lower level positions such as labouring, horticulture but if a client had a history of GBH they could well be at risk of offending again with a tool or shovel.
A criminal history should not be relevant in jobs unrelated to the offence. We have had cases where people convicted of fraud have applied for personal carer positions in aged care homes. They have not been successful and the reasons given were that they could "clean out the older persons bank accounts by having access to their cards and bank account details".
5(c). CEA has not experienced this happening.
5(d). CEA has no experience of this.
5(f). CEA staff will often 'talk employers round' in the case of offenders who have committed an offence that is unlikely to impact on their workplace. It is not just the crime that should be considered but the age and circumstances of the person with a criminal history. They may have been young, drug affected, compromised at the time and have now 'turned a corner'. The employers should adhere to workplace policies and procedures.
Often people with a criminal history know their limitations and do not want to be placed into employment where they may be tempted or falsely accused should a crime be committed.
We employ people with a criminal history ourselves and we assume that were an incident to occur, it is our responsibility. The person with the criminal history is not responsible, we must have allowed a situation to exist where they reverted to hold habits. We take full responsibility.
5(g). Job description, workplace induction manual, briefing at interview, information from fellow employees, industry standards manuals.
5(h). Industrial Relations - nothing specific to people with a criminal record (should there be?)
5(i). People trying to work in Aged Care (we have many opportunities to place people but cannot). Some people who have gained positions and been sacked once the employer found out they had committed an offence. CEA staff have established over the years those industries where people with a criminal record are unlikely to be employed.
5(j) . Unknown. This has not been tested with our client group.