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Criminal Record Discrimination & Spent Convictions Strategic Campaigning – Lessons Learnt

Criminal Record Discrimination & Spent Convictions Strategic Campaigning – Lessons Learnt. Meghan Fitzgerald Legal Projects Officer. The problem!. Approximately 100,000 people sentenced in Victorian courts annually

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Criminal Record Discrimination & Spent Convictions Strategic Campaigning – Lessons Learnt

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  1. Criminal Record Discrimination & Spent ConvictionsStrategic Campaigning – Lessons Learnt Meghan Fitzgerald Legal Projects Officer

  2. The problem! • Approximately 100,000 people sentenced in Victorian courts annually • Criminal record checking as normative precursor to employment – risk management/ duty of care responsibilities of employers • The Information Release Policy – Victoria Police • Proportionality, inconsistency with sentencing principles, criminalisation & exclusion • Special features – release of no conviction records, prove & dismiss, broad discretions, pending matters, ‘freedom’ to consent to disclosure of sensitive information… or not • Absence of effective protections against discrimination

  3. Significant reform opportunities where change didn’t happen… • SCAG Draft Spent Convictions Bill (2009) • DOJ Equal Opportunity Review & Final Recommendations (2010) • Why?

  4. Challenges to reform • Political culture, & culture more broadly • Position of peer advocates/ promotion of case work • Balancing integrity & pragmatism – connection of casework experience with law reform objectives • Holding broad alliances & focus in shifting environments • Resources

  5. New strategies • Re-evaluating & reframing goals of reform • breaking down prejudice & stigma • pushing reform agenda that reflects needs of clients • sharing knowledge of community costs in terms of poverty, intergenerational/ family impacts, recidivism • reclaiming the right to work • building links with employers & employment agencies

  6. Jack Charles v The Crown

  7. And some more formal strategies • ARC Research Partner with RMIT, Monash, AHRC, VHREOC, Jobwatch – into employer attitudes to criminal records – upcoming forum November 2012 • Working with pro bono firms 4 public interest casework & to support advocacy endeavours in the absence of funding • Building new strategic alliances to enhance opportunity for meaningful reform

  8. Reflections • Resilience and adaptability to changing environments • Creative approaches to resourcing what needs to be done • Change can take a long time, & can be happening even when you don’t notice it • Case study

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