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.
Complaints must be submitted in writing, but you are not required to use English. You may write your complaint in the language you feel most comfortable using.
The incident or incidents referred to in the complaint must have occurred within the 12 months prior to the date the complaint is lodged.
In some circumstances, the Commissioner may determine that there is good reason — or good cause — to include incidents that occurred more than 12 months before the complaint was submitted.
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.
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