27 October 2017
Does a current AVO consented to without admissions appear on a person's record? The question arises in the context of disclosures being made to a prospective employer.
Thank you.
Thank you for the question.
As an AVO is not a criminal conviction, it will not appear on a client’s criminal record. However, when applying for a position in child related employment, a prospective employer must do a working with children check. This check will show up any final AVO which is made for the protection of a child. An order can also affect licences to work as a security officer and other occupations where a security check is required.
The Australian Human Rights Commission Guidelines, which are not binding, recommend that employers should only ask their employees and potential employees about offences/orders which are relevant to the inherent requirements of the job. However in NSW there is no legislation which specifically prohibits employers from discriminating on this basis.
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