Discrimination on the basis of 'criminal record', including in the areas of employment, housing, education, access to goods and services and health care, is widespread in Victoria and across Australia.  Such discrimination can cause or contribute to homelessness, poverty, unemployment, poor health, recidivism and diminished well-being. 

Despite this, discrimination on the ground of criminal record is not prohibited in Victoria under the Equal Opportunity Act 1995 (Vic) and does not give rise to effective remedies in Australia under the Human Rights and Equal Opportunity Commission Act 1986 (Cth).

This lack of legal protection is a violation of Australia's obligations to fully implement the human right to non-discrimination under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and customary internatational human rights law. 

PILCH and Fitzroy Legal Service are lobbying the federal and state governments to amend the law to prohibit discrimination on the ground of 'criminal record'.  

PILCH Submission

The PILCH submission makes 8 key recommendations intended to prohibit discrimination on the ground of criminal record, reduce the incidence and negative impacts of such discrimination, and provide effective remedies and redress to people who are the victims of such discrimination.

Draft Fitzroy Legal Service Submission

We encourage you to write to federal and state governments urging them to adopt the recommendations contained in these submissions.