DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
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Submission No.
78 - Tasmania Police
J JOHNSTON
Deputy Commissioner of Police
JJ:SK
8 March 2005
Mr S Ozdowski OAM
Human Rights Commissioner
GPO Box 5218
SYDNEY NSW 2001
Dear Commissioner Ozdowski
DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF CRIMINAL RECORD
I refer to your correspondence of 13 December 2004 seeking comment on
the above paper. May I apologise for the del ay in responding.
As you would be aware, Tasmania Police is the primary supplier of criminal
history records in Tasmania . We are also responsible for the application
of the provisions of the Annulled Convictions Act 2003 when
releasing those records. Our structures, policies and management regime
within that work unit is highly controlled with an emphasis on accuracy
and care for customer requirements. The nature of the Tasmanian jurisdiction
permits an individual assessment of all processes of application, checking,
annulment of records and release of records. At times it permits individual
contact with requesting organisations and individuals.
The role of Tasmania Police as an employer of civilian staff and police
members has greater implications than the supply of information. It is
accepted that there are satisfactory regulatory standards which govern
pre-employment checking procedures. The State Service Act 2000 requires
that the State Service Commissioner approve the conduct of a pre-employment
check prior to advertising. A submission to the State Service Commissioner
is based on the presentation of the Statement of Duties, environmental
factors, systems access to operational data and intelligences holdings
and any special requirements.
Schedule 1 of the Annulled Convictions Act 2003 provides the
authority to examine the full record of any prospective police employee
or justice official. Unlike some jurisdictions, Tasmania Police does
not automatically exclude applicants based on the existence of a criminal
record. There are several levels of examination of criminal records with
matters taken into consideration; which include:
- the age of the individual when the matter occurred;
- the nature of the offence;
- the period of time that has lapsed since the offence;
- the circumstances surrounding the incident;
- community confidence and expectations of police officers;
- the frequency of multiple offences; and
- the recency of matters listed.
The identification of inherent requirements has featured heavily in
our determinations for a number of years and has generated considerable
discussion.
Thank you for the opportunity to comment.
Yours sincerely
J JOHNSTON
Deputy Commissioner of Police |