DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL RECORD


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Submission No. 8 - Janine Lawler

Janine Lawler
Advocate

Disability Advocacy & Information Service
P.O. Box 982
Wodonga  Vic 3689


I was interested to read the discussion paper as I have personal experience of this issue. For three years I worked for the NSW Department of Corrective Services as a Probation and Parole Officer. In this role I supervised Probationers and Parolees. One factor that can be predictive of risk of re-offending is the employment status of the individual. I had one client who was keen to work in customer service and obtained a position with a telecommunications company. He did not disclose his criminal record when applying for the position and when the employer was made aware of this 2 months later he was dismissed. He was informed that the reason for his dismissal was not fault with his work practices or the fact that he had a criminal record but that he had been dishonest in his application. Another client was released from prison after a lengthy term and was employed in his trade by a friend. This work ended after several months and the client was unable to secure another position despite having the required qualifications, a good work record and there being suitable work available in the area. He felt that he was not successful because of his criminal record and he became increasingly despondent and financially disadvantaged. Unfortunately after the completion of 1 year of Parole this man committed further offences and is again in custody. I can't help but wonder if the outcome would have been different if he had been able to obtain further employment. I am aware of another case where a probationer was told by a rehabilitation provider that they would not fund his preferred pre -employment training because of his criminal record and the "fact" that he would probably not succeed in obtaining a position in his chosen job. This nature of the person's criminal record was irrelevant to the job.

My experience has been that the issue of discrimination against people on the basis that they have a criminal record is extremely important to address as it is linked to recidivism and continued anti-social behaviour.

 

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