DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
Click here to access:
Submission No. 70 - Australian Industry
Group
Heather Ridout
CHIEF EXECUTIVE
51 Walker Street, North Sydney NSW 2060
ABN 76 369 958 788
Tel: 02 9466 5566
Fax: 02 9466 5599
4 March 2005
Mr Stephen Duffield
Director, Human Rights Unit
HREOC
GPO Box 5218
SYDNEY NSW 2001
criminalrecord@humanrights.gov.au
Dear Mr Duffield,
Re: Discrimination in Employment on the Basis of Criminal Record
I refer to HREOC's recent correspondence inviting
Ai Group to comment on a discussion paper entitled " Discrimination
in Employment on the Basis of Criminal Record" . Ai Group welcomes
the opportunity to comment on the discussion paper and related issues.
Ai
Group
Ai Group is one of the largest national industry bodies in Australia
, representing employers in the manufacturing, construction, automotive,
information technology, telecommunications, transport, labour hire and
other industries.
The Extent and Nature of Discrimination on the Basis of
Criminal Record
Ai Group has had very few queries from employers relating to discrimination
on the basis of criminal record. It appears that most employers do not
find it necessary to ask about criminal records when recruiting staff.
Given this, Ai Group is of the view that there is not a widespread problem
of discrimination occurring on this basis.
The Rights and Responsibilities
of Employers and Employees
There are some industries and occupations where a person's criminal
record could be highly relevant, such as childcare workers, police, corrections
officers, cleaners, security personnel, cashiers, accountants, maritime
and aviation staff. Many organisations operating in these industries
comply with industry regulations to address issues relating to persons
with criminal records, where such records are relevant to the inherent
requirements of their employment. An organisation's primary responsibility
in such cases is to its other employees, customers and the community.
Further
Regulation is Not Necessary
Ai Group does not propose any changes to the HREOC Act, or other laws
that are relevant to this issue. It is our view that the Commission is
able to effectively deal with the complaints which it receives of alleged
discrimination on the basis of criminal record.
If, through its research,
the Commission finds that inadequate progress is being made to prevent
discrimination in employment on the basis of criminal record, the appropriate
first step is to address this problem through education and awareness-raising,
not the imposition of further regulation.
As noted in the discussion paper
it appears that some businesses do not fully comprehend their obligations.
This reinforces the view that a focus on education is the appropriate
approach.
Appropriate education programs are far more responsive to
the needs of employers and employees than prescriptive rules. It is
essential that businesses retain flexibility to implement recruitment
procedures that are tailored to their specific requirements.
Improved
outcomes could be achieved through greater resources being devoted
by HREOC to education and awareness-raising. Ai Group would be supportive
of HREOC developing, in consultation with industry, information tools
to assist organisations to review their recruitment processes to ensure
that procedural fairness and corporate rights and responsibilities
are balanced.
Ai Group is happy to work with the Commission to educate
companies about their responsibilities. Joint publications, fact sheets
and seminars would be worthwhile. Ai Group maintains close links with
its members, and companies rely on Ai Group for advice and leadership.
Education and awareness programs which are channelled through respected
industry bodies, such as Ai Group, are likely to be more effective than "broad-brush" approaches.
Further
regulation would increase compliance costs and other costs for business
which, in turn, may have negative employment effects. Ai Group does
not support legislative amendments being made which would increase the
already substantial regulatory burden upon employers. It is imperative
that employers retain the ability to efficiently manage their businesses.
Should
you have any queries about Ai Group's position, please contact Stephen
Smith, Director - National Industrial Relations of Ai Group on
02 9466 5521 or myself.
Yours sincerely
Heather Ridout
CHIEF EXECUTIVE
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