Greenleaf, Graham --- "Unfair dismissal for spent conviction" [1994] PrivLawPRpr 54; (1994) 1(4) Privacy Law & Policy Reporter 71

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Unfair dismissal for spent conviction

NSW Privacy Committee - Annual Report 1992 (May 1994)

Criminal Records Act 1991 (NSW) - employment - Department of Corrective Services

The complainant had been dismissed from part-time employment by the Department of Corrective Services because her minor criminal record had been disclosed to the Department (the source is unnamed). The dismissal was contrary to the Criminal Records Act 1991 (NSW). The Act entitles persons to treat such convictions as spent after a ten year conviction-free period, including provision for a ''statutory lie' that a person does not have to disclose such convictions to any person for any purpose.

The Department wrote to the applicant stating that, because she had failed to disclose the information, she would be dismissed. The Committee investigated and the Department claimed to be unaware of its obligations under the Act, and admitted its error, while claiming that there were additional reasons for the sacking. The complainant succeeded in an unfair dismissal action, on the grounds that the Department had acted improperly in sacking her because of her record

Graham Greenleaf