Thread: Right of Appeal

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.

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.

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?

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!!

Update here, he suffers from Bipolar!!!

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.

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.

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.

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.