Criminal Record Discrimination

Discrimination on the ground of criminal record is a pervasive issue in Victoria and across Australia. Criminal record discrimination can systematically exclude people from access to goods, services, housing, health care, employment and other things which can result in homelessness, unemployment and recidivism. Such discrimination also frustrates attempts at social inclusion and participation in civil, political, social, cultural and economic life. Currently, Victoria does not have legislation to protect against discrimination on the basis of criminal record, nor does it have a spent convictions regime. 

For many years, the HPLC has argued that discrimination on the basis of irrelevant criminal record should be protected under the Victorian Equal Opportunity Act. In the 2008 Final Report of the Equal Opportunity Review, Julian Gardner recommended that the Equal Opportunity Act be amended to include irrelevant criminal record as a protected attribute.

In January 2009, the HPLC responded to Draft Model Spent Convictions Bill: Consultation Paper, released by the Department of Justice Victoria. Our submission was prepared in conjunction with the Victorian Association for the Care and Resettlement of Offenders (VACRO).

In its submission, the HPLC argues that the Bill must be reconfigured to regulate the use of criminal record information more broadly and to ensure that criminal record information can be released only if it is relevant to a specific employment position or other purpose. The submission also makes 13 key recommendations for reform of the Bill.