Guidelines for the prevention of discrimination in employment on the basis of criminal record
November 2005
Minor revision September 2007
In recent years the Commission has received a significant number of complaints from people alleging discrimination in employment on the basis of criminal record. The complaints indicate that there is a great deal of misunderstanding by employers and people with criminal records about discrimination on the basis of criminal record.
‘On the Record: Guidelines for the prevention of discrimination in employment on the basis of criminal record’ is the result of an extensive research and consultation process undertaken by the Human Rights Commissioner in 2004 and 2005.
‘On the Record’ provides information and practical guidance on how to prevent criminal record discrimination in the workplace. It covers existing anti-discrimination and related laws, as well as best practice principles when recruiting or employing someone who may have a criminal record.
NOTE: These guidelines are not legally binding. They are not intended to be (and should not be) relied on for legal advice.
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Word formatContents
- Preface
- Glossary
- Guidelines for the prevention of discrimination in employment on the basis of criminal record
- 1 Introduction
- 2 Discrimination in employment on the basis of criminal record under the HREOC Act
- 3 What other relevant laws do employers have to comply with?
- 4 Determining the inherent requirements of a job
- 5 Recruitment
- 6 Employment
- 7 Dismissal
- 8 Issues for special organisations
- 9 Policies and procedures for preventing criminal record discrimination
- Appendix 1 – The Human Rights and Equal Opportunity Commission complaints process
- Appendix 2 – Summary of National Privacy Principles relevant to criminal record information
- Useful contacts
- Acknowledgements
- Downloads
