Employment and criminal convictions

On 1 October 2019, the Commonwealth’s Australian Human Rights Commission Regulations 2019 were amended to define ‘discrimination’ to include any distinction, exclusion or preference made on the ground of an irrelevant criminal record. Before then it was not unlawful for employers to discriminate on the basis of criminal record if that record impacted upon an employee’s performance of the inherent requirements of the job. Now the test is relevancy.