In WA, the nexus between an applicant’s criminal record and their employment opportunities is complex and significant. Understanding how employers handle criminal records, including convictions which have been declared spent, is crucial for both prospective employees and employers alike.
Criminal Records and Employment
When it comes to hiring, it is common for employers to conduct background checks to assess potential candidates. A recent report puts Mining and Driving, two major WA employment sectors, in the top 13 employment fields requiring police checks.
A reportable criminal record can raise concerns about an applicant’s suitability for a position, particularly in industries that require high levels of trust, such as education, healthcare, and finance. However, Western Australian law provides specific guidelines to balance the interests of employers and the rights of individuals with criminal convictions.
Spent Convictions
One of the key aspects of assessing and managing criminal records in the employment space is the awarding of Spent Convictions, both at the time of Sentencing, and after a certain period of time has elapsed since conviction. SCO’s are provided for in the Sentencing Act (which provides for the grant of a Spent Conviction Order at the time of sentencing for certain offences, and the Spent Convictions Act, which allows individuals to move on from certain offenses after a designated period, at which point those convictions are considered “spent.” Once a conviction is spent, an individual is not legally required to disclose it when applying for most jobs. If the conviction is required to be declared, it is generally given little weight as the spent nature of the conviction indicates that it was either fairly trivial and unlikely to occur again, or historical (more than 10 years prior).
Employer Responsibilities
While SCO’s provide protections for applicants, employers must also navigate their responsibilities when considering criminal records in the hiring process. The law prohibits employers from discriminating against individuals solely based on spent convictions. However, they are allowed to ask about unspent convictions during the hiring process.
It is important for Employers to:
- Consider Context: Employers should assess the relevance of a criminal record to the specific job role. For instance, a past conviction related to fraud may be more concerning for a financial position than for a role in a different field.
- Focus on Rehabilitation: Employers are encouraged to consider the candidate’s rehabilitation efforts and how long ago the offense occurred. A lengthy gap without further incidents can indicate personal growth and change.
- Provide Transparency: Employers should communicate their policies regarding criminal records clearly in job advertisements and during the interview process, ensuring candidates understand how their records will be considered.
Challenges for Applicants with Criminal Histories
Despite the protections offered by an SCO, individuals with criminal records may still face challenges when seeking employment. Stigma and bias can persist, making it difficult for some to secure job interviews or positions.
Support Resources: Various organizations in WA provide support for individuals with criminal records, including job placement services, counseling, and legal advice. Seeking help from these resources can be invaluable in navigating the job market.
Conclusion
The impact of criminal records on employment in Western Australia is a multifaceted issue that involves legal protections and the ongoing challenge of stigma and lack of willingness to assist in rehabilitation of good candidates.
Understanding what an SCO does and means and the responsibilities of employers can help create a fairer job market for those with criminal histories.
If you would like assistance seeking the grant of a Spent Conviction Order, or are unsure of your rights or responsibilities as an Employer potentially looking to employ someone with a criminal history, contact our office today to discuss how we can help.