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ARTICLE · 09 JULY 2018

The AHRC and criminal record discrimination: A toothless tiger

The recent AHRC report into discrimination in employment on the basis of criminal record garnered much media attention.

AustraliaEmployment and HR

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."

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