YANQ welcomes the opportunity to discuss much needed legislative reform of eligibility for incorporated associations' management committees. We believe that the removal of discriminatory and arbitrary barriers to participation in society can be the basis for successful rehabilitation of people who have been in prison and can benefit the community more broadly. The suggested reforms give association members greater freedom and responsibility in the management of their organisation. We support a model where all periods of disqualification for people convicted of offences are removed. We support this model because we believe it will be of great benefit to our clients and to the community. It will also benefit our Network as we have been disadvantaged by being unable to use the expertise and experience of persons captured under this legislation, including Network member Debbie Kilroy OAM, who has subsequently received one of the highest accolades provided to Australian citizens.
In summary, we submit the following:
- Changes are needed to current legislative provisions regarding eligibility for election to the management committee because the current provisions:
- Are arbitrary;
- Are discriminatory;
- Disproportionately impact already marginalised groups, namely people incarcerated as children, Aboriginal and Torres Strait Islander people and women; and
- Deprive management committees of expertise and experience.
The preferred option is Option 4, that is, all periods of disqualification for persons convicted of offences should be removed.
Option 2 is not the preferred option because the negative aspects of the current provisions remain (granted, at a reduced level).
The arguments presented in the consultation paper in favour of Option 2 logically make Option 4 the best option, because it achieves these aims to a greater extent. These aims being:
- Increased association freedom; and
- A move away from restrictions that are 'severe' and 'out of touch with other jurisdictions'.
The arguments against Option 4 are weakened by a lack of empirical evidence and by placing undue weight on 'community perception' without meaningfully quantifying this perception.
Option 4 is also a suitable choice considering the range of association types and sizes.
In essence, associations have the means of self-regulating eligibility to their own management committees. It is in an association's self-interest to utilise to the full extent possible, the expertise of their membership base and minimise risk to the association by excluding unsuitable people from the management committee.
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