Law Reform Projects

A New (Legal) Threat to Public Space: The Rise and
Rise of the ASBO

A paper on Anti-Social Behaviour Orders
by Stan Winford Lawyer/Policy and Project Officer, Fitzroy Legal Service 2006

 A New Legal Threat.pdf

Project - Criminal Records in Victoria

Melbourne Times coverage of the Spent Convictions forum July 2007

 Spent convictions MT July.pdf(173.35 KB12.07.2007 13:57)

Unlike most other Australian States Victoria has no legislation prescribing what information the Police must release through a criminal history check. Nor does Victoria have a spent convictions scheme (under which certain convictions are ‘spent' after a lapse of time, and no longer appear on a criminal history).

In Victoria, the Police refer to their own guidelines when deciding what information should be released through a criminal history check. Under these guidelines, the release of information does not depend upon whether a conviction was recorded but may depend on other factors including the type of offence, the offenders age, the type of sentence imposed, the purpose of the request for a criminal history and public safety issues. Significantly, findings of guilt without conviction and findings resulting in a good behaviour bond are considered to be findings of guilt and will be released by Police. Further, if an individual is facing outstanding charges, the details of these will also be released and state that they are yet to be heard in court.

The Fitzroy Legal Service is firmly of the view that the areas of criminal history checks and spent convictions are in need of urgent legislative reform. There should be a clear legislative framework for the release of criminal histories and a scheme by which certain criminal matters become spent.

It is inadequate that the release of information with such serious potential to affect the social rights of individuals and frustrate their ability to participate in the community should be determined solely by Police policy. In many cases the release of information about findings of guilt without conviction contradicts the carefully considered decisions of Magistrates and the principles behind the Sentencing Act (1991).

The Fitzroy Legal Service has conducted research to determine the extent to which people are being treated unfairly in the areas of employment, insurance, occupation-related licensing/registration, voluntary work and other areas on the basis of their ‘criminal history'. This research has included consulting with stakeholders and surveying members of the public. A copy of the research findings can be accessed below.

The findings of out past research indicate serious deficiencies in the use and management of criminal record information in Victoria, in particular:

• Confusion about what information Courts intend to be released at the time of sentencing and information released many years later under Victoria Police guidelines
• A lack of effective anti-discrimination provisions to protect prospective employees from discrimination on the grounds of an irrelevant criminal record
• Misunderstanding of the meaning of "non-conviction" records on the part of employers, often leading to unfair dismissals and failure to provide employment
• Confusion about disclosure rights and responsibilities (employers and prospective employees)
• The burgeoning unregulated operation of private criminal record databases

These deficiencies are particularly alarming in the context of the staggering increase in the number of ‘criminal history' checks over the past ten years. A FOI request in 2005 revealed an increase of over 6,000% from 3,459 checks in 1992/93 to 221,236 checks in 2003/04.

Not everyone who has a "criminal record" is a serious offender. Many people have insignificant charges which arose in their youth. Confusion about the meaning of criminal records, and misuse of this information when released has had a dramatic impact on ordinary people's lives, their families and their livelihoods. People have lost their jobs, been refused employment, and discriminated against on the basis of trivial matters. The Fitzroy Legal Service has established a Spent Conviction Project to undertake further research and advocate for legislative reform. The objectives of the Spent Convictions Project are:

• The establishment of a legislative spent convictions scheme,
• The establishment of a statute-based criminal record management system,
• The establishment of appropriate anti-discrimination protections for those with criminal records at a State and Federal level, and
• The introduction of legislation prohibiting or substantially regulating the operation of private criminal record databases throughout Australia

If you are concerned about this issue or would like to assist with the project please contact us. If you have been discriminated against on the basis of your ‘criminal history' please contact us and consider completing this survey.

Download the Spent Convictions Survey here

Fitzroy Legal Service and JobWatch
Criminal Records In Australia

Activist Rights Website
What Does It Mean To Be Found Guilty Without Conviction?

HREOC
Discrimination In Employment On The Basis Of Criminal Record - Discussion Paper December

HREOC
On The Record - Guidelines For The Prevention Of Discrimination On The Basis Of Criminal Record

Victoria Police
Information Release Policy

PILCH
Discrimination In Employment On The Basis Of Criminal Record - HREOC Submission