By Rosalind Croucher AM -
Snapshot
- The recent Australian Human Rights Commission report into discrimination in employment on the basis of criminal record in BE v Suncorp Group Ltd attracted media attention and community debate.
- For almost 30 years, Australian law has said that people should not be discriminated against in employment because of their criminal record, provided the criminal record does not prevent them from carrying out the ‘inherent requirements’ of the job.
- This article examines the criminal records jurisdiction of the Commission and considers its effectiveness today.
The recent high profile case of BE v Suncorp Group Ltd [2018] AusHRC 121 drew attention to the matter of discrimination based on an employee’s criminal record. This article attempts to move the discussion forward and goes on to take a closer look at the unusual criminal records jurisdiction of the Australian Human Rights Commission – where it began, how it works and whether it could be reformed.
Employing someone with a criminal record
Employers can choose not to employ you if you have a criminal record – but only if it is relevant to the inherent requirements of the job. After committing certain offences, there will be some jobs that you can never do. However, committing a criminal offence, even a very serious offence, does not mean that you are prohibited from ever working again. For almost 30 years, Australian law has said that people should not be discriminated against in employment because of their criminal record, provided the criminal record does not prevent them from carrying out the ‘inherent requirements’ of the job. It is perhaps a conviction that Governor Lachlan Macquarie embraced in the early 19th century, when he appointed two emancipated convicts as magistrates of the infant colony of New South Wales.
