DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
Click here to access:
Submission No. 74 - Queensland Office
of Gaming Regulation
Submission received from: Ms Linda Woo, Executive Director,
Queensland Office of Gaming Regulation
Purpose
This paper has been developed by the Queensland Office of Gaming Regulation (QOGR) in response to the request by the Human Rights and Equal Opportunity Commission (HREOC) to provide a submission on the issue of discrimination in employment on the basis of criminal record.
Background
QOGR is responsible for Queensland Treasury's gambling output. This includes the regulation of all forms of legal gambling in Queensland - casinos, gaming machines, charitable gaming, keno, lotteries, wagering and interactive gambling. QOGR also works to maintain the integrity and probity of the gambling industry whilst incorporating responsible gambling policy and research activities.
QOGR undertakes a range of activities including:
- Issuing gaming licences for organisations and persons;
- Evaluating and approving internal controls, gambling equipment and gambling rules;
- Inspections and audits relating to gambling products;
- Investigating complaints and undertaking prosecutions and conducting probity investigations of individuals and corporate entities;
- Coordinating the provision of gambling policy advice;
- Implementing responsible gambling practices; and
- Coordinating research to underpin future policy advice on gambling.
Individuals or companies can apply for a gaming licence from QOGR to conduct, or be employed in relation to the following gambling activities:
- Casinos;
- Gaming machines;
- Keno;
- Lotteries;
- Wagering;
- Interactive gambling; and
- Charitable gaming.
Comment
The following information seeks to address issues relevant to QOGR that were raised in the HREOC 'Discrimination in Employment on the Basis of Criminal Record' Discussion Paper.
QOGR administers a number of gambling Acts, including the Casino Control Act 1982, the Gaming Machine Act 1991, the Interactive Gambling (Player Protection) Act 1998, the Keno Act 1996, the Lotteries Act 1997, the Charitable and Non-Profit Gaming Act 1999 and the Wagering Act 1998. In order for a person (an individual or corporate entity) to obtain a gambling licence the chief executive must take into account a range of factors relating to the suitability of persons, as set out in the legislation, such as:
(a) the involved body's business reputation;
(b) the involved body's current financial position and financial background;
(c) for the secretary and each executive officer of the involved body-
(i) the person's character; and
(ii) the person's current financial position and financial background;
(d) the involved body's general suitability to hold a supplier's licence
of the kind applied for, or held, by the involved body;
(e) whether the involved body has, or has arranged, a satisfactory ownership,
trust or corporate structure;
(f) whether the involved body has, or is able to obtain, enough financial
resources to ensure the financial viability of operations conducted under
a supplier's licence of the kind applied for, or held, by the involved body;
(g) whether the involved body has, or is able to obtain, the services
of persons with appropriate business ability, knowledge or experience
to enable the involved body to successfully conduct operations under
a supplier's licence of the kind applied for, or held, by the involved
body;
(h) if the involved body has a business association with another entity-
(i) the entity's character or business reputation; and
(ii) the entity's current financial position and financial background.
Decisions regarding applications are made by the Queensland Gaming Commission (QGC) in relation to licences under the Gaming Machine Act 1991 and QOGR (or the Minister or QGC) in relation to applications made under any other gambling Act.
When applying for a gambling licence an applicant must complete the appropriate application forms and a probity form that is used to assist in the completion of suitability checks. The forms come with a clear warning about the possible consequences to applicants for providing false or misleading information or incomplete disclosure. The probity and suitability checks are necessary to ensure applicants can fulfil the inherent requirements of positions in the gambling industry. Detailed information is required from persons applying for a gambling licence, including information on:
- Arrests, detention and litigation;
- Licences, certificates and memberships;
- Financial details; and
- Influences, conflicts of interest and disqualified persons.
The intent of requiring an applicant to disclose information such as criminal record is to assist QOGR in making an assessment of:
- the integrity, responsibility, personal background and financial stability of the applicant;
- the general reputation of the applicant having regard to character, honesty and integrity; and
- the suitability of the applicant to perform the type of work proposed to be performed by the applicant as a licensee.
QOGR is aware that community and judicial standards for dealing with offences, particularly minor offences, have altered over time to focus on rehabilitation and minimising the impact on employment. Consequently, QOGR has developed internal guidelines and procedures to reflect these standards, whilst maintaining a high level of probity and integrity in the gambling industry. The guidelines and procedures have been developed to assist in making recommendations on a gambling licence application that are consistent, equitable and fair. Examples of internal guidelines and procedures include:
- QOGR Guidelines When Determining Suitability of Employees Licensed under a Gaming Act;
- Guidelines for Interviewing Applicants for Gaming Nominees (Gaming Employee) Licences under Gaming Machine Act 1991;
- Guidelines for Criminal History and Financial Stability Interviews;
- Guidelines for the Issue of Gaming Employee Provisional Licences;
- Procedure for Preparing Report on Bankruptcy;
- Procedure for Reviewing the Suitability of Gaming Employees; and
- Various procedures prescribing in detail how to conduct various components of the probity checks.
If a criminal history investigation of an applicant has revealed an arrest, detention or litigation, a written notice is submitted to the applicant advising that QOGR has concerns about their application and providing them with the opportunity to make a submission on the issue. Once the submission period has passed, QOGR will take into account any submission received (if any) when making a decision on the application. QOGR may also conduct an interview with an applicant in relation to criminal history or financial stability. This process provides applicants with a fair opportunity to explain the circumstances of their criminal record.
When considering an application from a person with a criminal record, officers may take into account a range of factors such as:
- Circumstances surrounding any arrests, detention or litigation;
- Type of offence;
- Age of offence;
- Previous warnings;
- Whether there is a history/pattern of offences;
- Whether a conviction was recorded;
- Severity of offence; and
- Whether the offender was a juvenile at the time of the offence.
Convictions such as, for example, any conviction as a juvenile, simple offences such as disorderly conduct and minor convictions over five years old usually do not require an interview. Convictions for minor offences of dishonesty such as shoplifting, minor drug offences and social security offences do not generally require an interview, however in these instances the QGC is advised of the conviction (only in relation to gaming machine licence issues).
Current bankrupts and all convictions for serious offences of dishonesty such as stealing, fraud offences and armed robbery require QOGR to conduct an interview and prepare detailed reports. Due to the nature of the gambling industry i.e., where persons can have access to significant amounts of cash, applicants that have been convicted for dishonesty offences are considered carefully to ensure that the person is of good repute and does not have any interests associated with gambling.
QOGR applies the Commonwealth Spent Conviction Scheme (CSCS) to a person's criminal history if the purpose of the check is for employment, voluntary work, or occupation-related licensing. Spent convictions are generally excluded from the criminal history of the person before it is released. Detailed information on the CSCS and requirements are outlined in the QOGR internal procedure manuals and guidelines that officers follow when determining an applicant's suitability for a licence.
On completion of the required application forms and checks, QOGR prepares a recommending or refusing report and submits it to the QGC, or the chief executive, for consideration. The report outlines the reasons for the recommendation or refusal, including information from any submissions received or interviews conducted, and sets out the recommended decision. The decision to grant or refuse an application is made by QGC or the chief executive, after consideration of the report. The applicant has the right to appeal the decision under the relevant legislation.
QOGR endeavours to ensure that the gambling application and licensing process is consistent, transparent and thorough. Few applications received by QOGR for gambling licences are refused. For example, in 2002 - 2003, 2743 gaming employee licences were granted and 52 applications were refused. QOGR also receives few complaints about the licensing process, with most complaints being in relation to the length of the process, rather than the fairness of the process. Only one appeal was lodged, under the Gaming Machine Act 1991, during 2003 - 2004 and this appeal was unrelated to any criminal history issues. There can sometimes be a lack of clarity on behalf of applicants in relation to the definition of "criminal history", with some not providing a full disclosure of criminal history. However, for the most part the lack of disclosure is due to an applicant not understanding what information needs to be disclosed, rather than a deliberate attempt to provide misleading or incomplete information. QOGR has attempted to clarify what is meant by full disclosure of criminal history by providing detailed information on the issue in all application materials.
Conclusion
QOGR works to maintain high probity standards and ensure that gambling activities in Queensland are conducted with honesty and integrity. QOGR has taken into account current anti-discrimination legislation and standards to ensure that applicants for a gambling licence are not discriminated against on the basis of criminal record. The licensing process in QOGR is conducted in such a way that there is a balance maintained between the need to ensure gambling activities are conducted according to strict probity standards and the need to ensure applicants have the right to a consistent, transparent and fair decision-making process.
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