Where does the protection apply?
It is unlawful to discriminate on the ground of a spent conviction, in the following types of employment or work:
- Applicants and employees (full time, part time, contract and casual)
- Commission agents
- Contract workers
- Professional or trade organisations
- Qualifying bodies
- Employment agencies.
Making a complaint
A person who believes they have been discriminated against because of a spent conviction can lodge a complaint with the Commissioner. The onus of proof lies with the person making the complaint.
The incident or incidents in the complaint must have occurred within the 12 months previous to the date you lodge your complaint.
In some circumstances the Commissioner may decide there is good reason, or good cause, to include incidents that occurred more than 12 months before the complaint is lodged. For more information about criminal records and spent conviction orders see the Legal Aid website.
Exceptions
There are special considerations for some jobs involving children and health services. An employer may lawfully discriminate against you for a conviction for some offences, even if an SCO was made.
