DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
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Submission No. 4 - Department of Racing, Gaming and Liquor, Western Australia
Submission from Barry A Sargeant, DIRECTOR GENERAL
Enquiries: Ray Younger. Tel: 08 9425 1806
Dr Sev Ozdowski OAM
Human Rights Commissioner
Human Rights and Equal Opportunity Commission
GPO Box 5218
SYDNEY NSW 2001
Attention: Mr Stephen Duffield
Director, Human Rights Unit
Dear Dr Ozdowski
Discrimination in Employment on the Basis of Criminal Record
Thank you for your invitation of 13 December 2004 to comment on the Discrimination in Employment on the Basis of Criminal Record Discussion Paper December 2004.
While I do not consider that the Department of Racing, Gaming and Liquor can add to the matters referred to in the discussion paper, I take the opportunity to inform you that the department and the Agencies which it provides administrative support adhere to procedural fairness in determination whether an applicant for a licence or other approval is fit and proper.
The Department of Racing, Gaming and Liquor provides support to the Liquor Licensing Authority ("the Authority") and the Gaming and Wagering Commission of Western Australia ("the Commission") in the administration of the Liquor Licensing Act 1988 ("the Act") and gambling legislation, respectively.
The Authority in determining whether a person is "fit and proper" to hold a licence, or other approval under the Act is required, amongst other matters, to take into consideration the number and nature of any convictions. Spent convictions cannot be considered.
The Commission is responsible for the licensing of:
- Casino employees and casino key employees;
- Bookmakers and bookmaker's employees;
- Gaming suppliers and operators; and
- Directors and employees of Racing and Wagering Western Australian.
An applicant for a casino key employee licence or a casino employee licence is exempt from the provisions Part 3 of the Spent Convictions Act 1988 in regard to all spent convictions. Accordingly, the Commission can take into consideration a spent conviction when determining whether a person is fit and proper to hold a casino key or casino employee licence.
While an applicant is required to declare convictions and undergo police probity, it does not mean that every applicant with a criminal record will be excluded from obtaining the requisite licence.
The Authority and the Commission apply the principles of procedure fairness in determining an application, in that each application is determined on its merits and an applicant is given the right to be heard before an adverse decision is made. In making a determination the following factors are taken into consideration:
- The time elapsed since the conviction;
- The nature and circumstance of the conviction;
- The inherent requirements of the particular position; and
- The correlation between the criminal record and the employment.
With regard to liquor licensing, a conviction relating to a liquor offence would have more relevance than a conviction for disorderly conduct. Whereas, a conviction for dishonesty would have greater relevance in regard to a person seeking a casino employee licence to work as a cashier.
A person aggrieved by a decision of the Director of Liquor Licensing can lodge an appeal with the Judge of the Liquor Licensing Court. A Decision of the Commission is appealable to the Supreme Court.
You would note from the above that the department and the two Agencies operate within the principles of non-discrimination.
Yours sincerely
Barry A Sargeant
DIRECTOR GENERAL
17 January 2005