A recent Victorian case is a reminder to carefully consider how and when you use police checks.
In Tipping v Victorian Canine Association [2024] VCAT 12, a member of a not-for-profit association successfully claimed discrimination against the association and was awarded $18,000.
Mr Tipping, aged 82, was a life member of the association having joined over 50 years ago. He had also been a volunteer on the management committee from time to time over the last 20 years.
In 2022, the association rejected Tipping’s nomination for election to the management committee relying on an earlier police record that revealed convictions from the 1950s and early 1960s, none of which were recognised as serious. He had no other criminal convictions recorded.
The tribunal found that this was direct discrimination under section 71 of the Equal Opportunity Act 2010 (Vic). Direct discrimination is treating a person unfavorably because of a protected attribute. In Victoria, one of the protected attributes under the legislation is a spent conviction under Spent Convictions Act 2021 (Vic).The tribunal also made findings of indirect discrimination and victimisation.
All Australian states and territories have legislation allowing certain criminal convictions to lapse or become spent after a period, usually 10 years. Usually, a person does not have to disclose a spent conviction, and a person who knows about it cannot take it into account. The aim is to reduce stigma and allow access to opportunities in the community to those with historical or minor convictions.
Screening staff and volunteers is an important measure to manage risk in your not-for-profit – but this must be weighed against your legal obligations not to discriminate. To find out more about more about how and when to use police checks:
Interested in understanding more?
- Register for our upcoming webinar on Screening checks for new recruits and old hands.
- Read our fact sheets on screening for each state and territory.
- You can find out more about discrimination law and volunteers in Part 5 of our National Volunteering Guide.
The content on this webpage was last updated in October 2024 and is not legal advice. See full disclaimer and copyright notice.
