Publications, submissions, conference presentations and events
- Pittard, M, 'General Editor's note: is a job applicant’s criminal history relevant to employment? The law and employer practice in recruitment', (2012) 18 (8) Employment Law Bulletin 114.
- Naylor, B, 'Living down the past: why a criminal record should not be a barrier to successful employment' (2012) 18 (8) Employment Law Bulletin 115-119.
- Paterson, M, 'Restrictions on employers' handling of criminal records information: privacy and confidentiality issues' (2012) 18 (8) Employment Law Bulletin 120-123.
- Pittard, M, 'Discrimination law: constraints on criminal record checks in recruitment' (2012) 18 (8) Employment Law Bulletin 124 - 128.
- Heydon, G, 'Risk and rehabilitation in criminal records checking by employers: what employers are doing and why?' (2012) 18 (8) Employment Law Bulletin 129 - 135.
- Paterson, M and Naylor, B ‘Australian Spent Convictions Reform: A Contextual Analysis', (2011) 34(3) University of NSW Law Journal 938 - 963.
- Paterson, M, ‘Criminal Records: Spent Convictions and Privacy: A Trans-Tasman Comparison' (2011) New Zealand Law Review 35-66.
- Heydon, G, Naylor, B, Paterson, M and Pittard, M 'Lawyers on the Record: Criminal Records Employment Decisions and Lawyers' Counsel' (2011) 32 (2) Adelaide Law Review 205-226.
- Naylor, B Criminal Records and Rehabilitation in Australia' (2011) 3/1 European Journal of Probation 79-96.
- Pittard, M, ‘Workplace misconduct, the Small Business Fair Dismissal Code and the criminal process' (2010) 16(8) Employment Law Bulletin 111.
- Naylor, B, Paterson, M and Pittard, M 'In the Shadow of a Criminal record: Proposing a Just Model of Criminal Record Employment checks' (2008) 32 Melbourne University Law Review 171.
- Naylor, B. “Introduction of Spent Conviction Legislation in Victoria” with Law Institute of Victoria, April 2015.
- Naylor, B. and Heydon, G. Submission on the Consolidation of Commonwealth Discrimination Laws: Discussion Paper” February 2012.
Cited in: Attorney-General’s Department, Parliament of Australia, Consolidation of Commonwealth Anti-Discrimination Laws: Regulation Impact Statement (2012)
- Naylor, B. Submission (invited) to Standing Committee on Law and Justice, Parliament of NSW, Spent convictions for juvenile offenders (Report July 2010)
Cited extensively in: Standing Committee on Law and Justice, Parliament of New South Wales, Spent Convictions for Juvenile Offenders (2010).
- Naylor, B. Submission to Standing Committee of Attorneys General on Draft Spent Convictions Bill, January 2009.
- Naylor, B. Submission (invited) to Equal Opportunity Act Review – Report; May 2008
Cited in: Julian Gardner, Department of Justice, An Equality Act for a Fairer Victoria: Equal Opportunity Review Final Report, 30 June 2008
- Naylor, B., Paterson, M. and Pittard, M. Submission (invited) to Equal Opportunity Act Review January 2008 Cited in: Julian Gardner, Department of Justice, An Equality Act for a Fairer Victoria: Equal Opportunity Review Final Report, 30 June 2008
- Pittard, M “Unregulated space in the collective system of labour law: discrimination and irrelevant criminal record”, New Zealand Industrial Law Society, November 2013
- Naylor, B. “Would you employ a person with a criminal record?” ACSO Conference, Melbourne, October 2013.
- Pittard, M “Areas outside labour regulation: criminal record discrimination”, Fair Work Ombudsman Conference, April 2013
- Pittard, M, “Legal issues: criminal records and recruitment processes’ Guest lecture, LLM Law of Workforce Management, April 2013.
- Pittard, M “Public Interest, Recruiting Employees and Criminal Records' Checks: Policy and the Fair Work Act 2009 (Cth)”, Australian Labour Law Association National Conference 2012, Canberra, November 2012.
- Naylor, B. “Obstacles to Employment for Ex-offenders in a climate of risk management” European Society of Criminology, Bilbao, Spain, February 2012.
- Heydon, G and Naylor,B, "Risk and Trust: Why do employers want criminal history information?" 11th Annual Conference of the European Society of Criminology, Vilnius, Lithuania, September 2011
- Heydon, G, Naylor, B, Pittard, M, and Paterson, M. "Risk and Responsibility in Employing Ex-offenders" 24th Annual ANZOC Conference, Geelong, September 2011
- Naylor, B. “Living down the past: Criminal Record Checks and Access to Employment” Criminal Justice Research Consortium, Melbourne, April 2011.
- Naylor, B. “Employer use of Police Record Checks”; Post-release Employment Seminar, Institute of Criminology, Sydney University, 2 December 2010.
- Heydon, G and Naylor, B, "Walking the employment tightrope: balancing ex-offender needs and employer risk minimization in the use of pre-employment criminal records checks” 23rd Annual ANZOC Conference, Alice Springs, September 2010
- Naylor, B. “Employer use of criminal record checks in employment decision making” Field Officers Conference, Group Training Association of Victoria, Geelong, 22 October 2009.
- Naylor, B. “Employer attitudes to criminal records” Transition Forum, 24 July 2009.
A key outcome of the project was a public Symposium on Criminal Records and Employment Decision-Making, which was held at the Monash University Law Chambers on Monday 18 March 2013
The following powerpoint presentations have been made available:
- PUBLIC INTEREST, RECRUITING EMPLOYEES AND CRIMINAL RECORDS’ CHECKS :
POLICY AND LEGISLATION
Professor Marilyn Pittard, Faculty of Law, Monash University
- PRIVACY AND CONFIDENTIALITY
Associate Professor Moira Paterson, Faculty of Law, Monash University
The findings from surveys and interviews, along with the results of our legal research into the current regulatory regime for criminal record checks, were presented at a Roundtable, held at the Monash University Law Chambers on the 23 November 2011.