The ACT Government has been ordered to pay $265,000 in damages after a tribunal found it unlawfully discriminated against a former public servant over her “irrelevant” criminal history.

The ACT Civil and Administrative Tribunal (ACAT) ruled that the Community Services Directorate acted unfairly in 2023 when the woman’s manager placed her on “gardening leave”, excluded her from workplace systems, and suspended her duties after learning of her criminal record. 

This was done without investigation or notice, despite the ACT Government already being aware of her history from earlier employment applications.

The tribunal noted her offences, including dishonesty and conspiracy charges, occurred during a period of personal hardship marked by childhood neglect, abusive relationships, and her parents’ substance abuse. She also suffers from post-traumatic stress disorder.

The woman, employed in temporary ACT Government roles since 2021, had unsuccessfully sought permanent work. 

In 2023, she was offered a job at the Canberra Institute of Technology (CIT), which later withdrew the offer after a police search of her home linked to someone else. 

These events left her unemployed and “reliving past trauma”.

“I feel like I just keep getting kicked down over and over again. It has affected my mental health extremely,” she told the Human Rights Commission.

While CIT rescinded its offer following her police search and criminal record disclosure, ACAT found this decision did not constitute discrimination.

An ACT Government spokesperson acknowledged ACAT’s decision and said legal options are being considered, with no further comment provided.

More details are accessible here.

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