The recent AHRC report into discrimination in employment on the
basis of criminal record, BE v Suncorp Group Ltd [2018] AusHRC 121,
has garnered significant media attention and community debate.
What it serves to highlight is that the Australian Human Rights
Commission (AHRC) is a "toothless tiger"
when it comes to discrimination on the basis of criminal record. As
noted by the AHRC on its website:
"It is important to note
that while certain conduct may be found to constitute
discrimination by the Commission, the HREOC Act does not make the
conduct unlawful. If the Commission finds that an act or practice
constitutes discrimination, and the complaint is unable to be
conciliated, then the Commission's actions are limited to
preparing a report with recommendations, to the Attorney-General
for tabling in Parliament. The Commission does not have the power
to make respondents to a complaint comply with or implement its
recommendations."