The Victorian Department of Justice, in conjunction with the Standing Committee of Attorneys-General, recently announced that it was working on a national model Bill for a spent convictions scheme and invited the HRLRC to make a submission in relation to a draft Bill. The purpose of a spent convictions scheme is broadly to limit the effect of a person’s conviction for certain offences if the person completes a period of crime-free behaviour.
Secondee lawyers, Jessica Zikman from Lander & Rogers and Maryam Minai from Mallesons Stephen Jaques, prepared a Submission on the Model Spent Convictions Bill based on a statement of compatibility model – that is, their submission considered that if enacted in Victoria, the Bill would need to be Charter-compliant and therefore analysed the Bill and its impact on human rights by way of its compatibility with the Charter.
The submission noted that the human rights of non-discrimination, privacy and reputation, as well as children’s rights, were engaged by the Bill. The submission proposed that where the operation of the Bill engaged and promoted these human rights, this is a positive outcome because past offenders would be given the opportunity to rehabilitate and reintegrate into society; as a result of which, society would then no longer be needlessly depriving itself of the talents and energies of people in whose positive development it has a distinct interest. Also, given the strong links between reduced recidivism, on the one hand, and rehabilitation and social re-integration through employment, stable accommodation and the like on the other hand, the public’s interest in community safety is also addressed. In contrast, where rights were found to be limited, the HRLRC considered that there was scope for improving the operation of the Bill and made recommendations in this regard in the context of a human rights framework and analysis.
