Right of Appeal

[Ausfree]

A question to anybody with experience in this field.....................................

My step-son has a criminal history, not a nice one I might add, it includes Drugs, theft, assault etc.:( He has been in and out of jail so many times, I used to say "Cessnock Corrective Centre" has a cell with his name on it. :angrylock:

His mother and I have been married since he was three and now he is fourty years old. So I have known him for a long time and as you can imagine we did not get along at all. He has caused us much grief over the years.:mad:

He has now been out of jail for three years, is taking medication for his problems, has met a very nice lady who is keeping him on the straight and narrow and has been working as a painter for the last two years.:) He has matured a lot and is much more measured in his mannerisms. We are starting to get along at long last and I truly believe he has woken up to himself and is putting every effort into going straight.:)

His employer does a lot of work painting houses for the Housing commission in
NSW and as such the Housing Commission has done a background check on my son which of cause has turned up his criminal record and they have subsequently written to his employer saying they do not want him (my son) painting housing commission houses.

His employer, of cause has to comply with this request and my son is devastated at this turn of events. His employer can give him SOME work painting other houses, but the majority of his work is Housing commission.

My question is this.............Does my son have the Right of Appeal to the Housing Commission of NSW????? they have sent him no letter, they have only contacted his employer who told him verbally.
Is he being descriminated against because of his criminal record.?????

[JamesB71]

Unfortunately I think discrimination is what criminal records are for.

With a violent and untrustworthy history of behaviour I believe that he now has to earn the trust of the public again.

The best indicator of future behaviour is past behaviour so he will have to show that he has truly turned over a new leaf before you can start demanding that society trust him. Its noble that you are willing to put aside all of the past indiscretion, but you love him and are willing to cut him slack where the rest of society doesnt know him and can only judge him on his actions.

All in the fullness of time, and I hope that he stays on the right path and earns the trust of people again. It will be worth that much more to him, and he is likely to want to protect the investment in his reputation and not stray again if he earns peoples trust and not demand it.

No offence intended, but we are but the sum of our decisions and actions. Good luck to him and I hope he holds it together.

[ATH]

I don't know about his rights of appeal but personally I'd say he's got to be seen to be on the straight and narrow for a good long time yet. If he's been a crim for many years, in and out of jail, no ones going to suddenly trust him just because he's seems to be doing the right thing at last.
Yes they may well be erring on the side of caution by not wanting him on their commission jobs, but if he's in and out of other peoples homes who can blame them.
Let's hope he doesn't reoffend but while it won't be easy gaining others trust, at least he's employed by someone who can give him some work which will help.
Good luck to him and you.
AlanH.

[London Boy]

Discrimination on the basis of criminal record is not unlawful under either Commonwealth or NSW law, so your son does not have any legal right of appeal. He could seek representation to the Housing Commission to make his case and offer any personal undertakings that would satisfy them. I would think they have written policy and an officer of the commission would have very limited scope to change the decision.

Your son could also write to his State MP and ask for help, particularly if the MP could be persuaded that your son has reformed and deserves that chance.

From the sound of things your son has mental health issues, which might give him another option. Depending on what is wrong and what he is being medicated for, he could appeal and claim discrimination on the grounds of disability / impairment. I don't know that would work, but might help to persuade the commission before trying any kind of legal claim. Was he recently diagnosed, i.e. since his last conviction?

[Ausfree]

Thanks for that LB. Yes, he was diagnosed after his last release from jail. I will have to query him further.:) when he was a teenager he was "hyperactive", I think they now call it Attention Deficit Syndrome (or something like that). they now know it is a medical condition, but in the 1970's we didn't know anything about it. It's another line to follow, thankyou!!:D

Update here, he suffers from Bipolar!!!

[Basil135]

How about meeting them half way.

At a guess, I would say the Commission has made their decision, so that he does not go into peoples homes. Fair enough, given his history.

However, could his employer do a deal with the Commission, and give an undertaking, even if it has to be in writing, that your step son will only work on un-occupied houses? Ie: houses that have been vacated, and are being painted before a new tenant moves in.

It is a win-win-win situation for everyone. The employer doesn't have to find extra / different work for him.

Son gets to keep working.

Commission gets to save face, and "assist with his rehabilitation"

Public is assured that there will be no issues.

[LoveMyV8County]

I suggest you ask the Housing Commission for a copy of their formal policy in this area. It may be possible to comply with their policy but still allow your stepson to do work, depending on its specific requirements.

I work for a non-profit, we get some government funding so criminal record checks are mandatory. However to my knowledge it does not prevent us from employing someone with a criminal record provided we exercise due care and diligence (eg. not let a convicted thief count the petty cash).

Good luck.

[V8Ian]

He's done his time, he should be allowed live a normal life and perform a normal job. If all employers were as narrow minded, bigoted and idiotic as that it would force anybody who has ever been convicted of an offence into a life of crime. I thought criminal records were private.

[Roverlord off road spares]

A mate of mine had a conviction in his youth, and asked if the conviction will remain recorded as it was over 20years ago.
The cop he rang said no. ( didn't get his name unfortunately)
He applied for a process sever licence ( he was a 5 ft runt and thin as anything, had muscular dysdethry... spelling ?)
also a security licence and a enquiry agent licence . in his application to the magistrates court back then he was fined for not disclosing his priors.
Hr did however eventually get the licences he wanted despite the problem.

[JohnF]

I would think painting unoccupied houses would be safe. If a person like your son cannot have a Job then surely he has to live doing breakins, hence he should be allowed to do a job like this, to keep him away from crime.

So I am in favor of him having a job-- and wish him luck, John.

[justinc]

I too wish him all the best, he has had a hard time of it and a lot of it is to do I imagine with bad associations along the way, also :(

I should think the above suggestion of painting vacated commision homes etc for a time and getting to earn their trust etc would be a great approach. I hope they listen and act on it.

Send my thoughts, I can imagine how devastated he must be.


JC

[bob10]

Everyone makes mistakes, don't judge your step son by his past. It's what he does in the future, that will determine the rest of his life. He needs your support , now. more than ever. I speak from experience. I know that after years of frustration, it would be easy to cut him loose. But, you would regret that for the rest of your life. Go to your local MP, it's election time, tell them if they do not try to help, in whatever way they can, you will go public. There is no more helpful politician than one who thinks the public will vote for his opponent. Use the system, good luck. [ Also, your stepson, if he has an ounce of decency, will appreciate the fact you didn't bush him ] Bob

[seano87]

How ironic.

Housing commission won't allow someone with a criminal record to work on a house.

Yet some of the people that get handed the houses to live in...

[Ausfree]

How ironic.

Housing commission won't allow someone with a criminal record to work on a house.

Yet some of the people that get handed the houses to live in... You have hit the nail on the head there, mate!!!The son has told me some stories about some of the people who live in these houses.:D

London Boy and Basil 135, thanks for your ideas, they give me something to work on.:D

Justinc, yes, you are right about bad associations, he was easily led as a teenager and fell in with the wrong crowd, despite his mother and myself's best efforts.:(

Bob10, yes you are right about supporting him. I had him written off for years and he was told if he went to jail we would never visit him, and we never did and I have no regrets because I am a strong believer in everybody taking responsibility for their actions. However, this time he is older and more experienced in life, I can see a definite change for the better and I am also a strong believer in helping people if they are making a genuine effort to help themselves.:)

Thanks again everybody for your input.:D:D