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Published byZoey Keathley Modified over 10 years ago
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Criminal Record Discrimination & Spent Convictions Strategic Campaigning – Lessons Learnt Meghan Fitzgerald Legal Projects Officer
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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
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Significant reform opportunities where change didn’t happen… SCAG Draft Spent Convictions Bill (2009) DOJ Equal Opportunity Review & Final Recommendations (2010) Why?
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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
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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
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Jack Charles v The Crown
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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
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Reflections 1.Resilience and adaptability to changing environments 2.Creative approaches to resourcing what needs to be done 3.Change can take a long time, & can be happening even when you don’t notice it 4.Case study
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