Criminal record

Commonwealth laws protect most workers from being discriminated against at work because they have a criminal record.

Unless the criminal record means that the employee cannot do the job, it is against the law for employers to take it into account when hiring, firing, determining working conditions, or providing training opportunities and promotions. It is also discrimination if someone is harassed at work because of their criminal record.

The employer must consider someone’s actual convictions against the essential duties of the particular job. Employers in some industries may be legally obliged to refuse employment to people with certain types of criminal records. Visit the Australian Human Rights Commission website for more information.

South Australia also has a Spent Convictions Act. This says that less serious convictions expire after a period of good behaviour. Read the Spent Convictions Act.

If a spent convictions law applies, then you do not have to tell an employer about a conviction that is spent. If they say ‘do you have any convictions?’ and the only convictions you have are legally spent, then you can say ‘no’.