CIT job offer to public servant with criminal history withdrawn amid 'public scrutiny'

In a recently published decision, the ACT Civil and Administrative Tribunal found CIT had not discriminated against the woman by withdrawing the offer of full-time employment in May last year.

The "devastated" public servant, a mother of two who resigned from a previous job after being offered the new one, claimed her criminal history was irrelevant.

CIT's Meghan Oldfield weighed up several factors, including: "The public scrutiny that the CIT has been under as a result of an enquiry being conducted by the ACT Integrity Commission."

Late last month, the integrity watchdog found the institute's former chief executive Leanne Cover engaged in "serious corrupt conduct" in her handling of a multimillion-dollar consulting contract.

Ms Cover was found to have deliberately concealed information about the contracts awarded to "complexity and systems thinker" Patrick Hollingworth from the CIT board.

Companies owned by Mr Hollingworth were awarded more than $8.5 million over five years.

"Ms Oldfield was affected by a consideration of an independent investigation by the ACT Integrity Commission into the CIT," senior tribunal member Lea Drake said.

"That was not a proper consideration of the issues affecting the complainant's application and consideration of whether she had a protected attribute [being an irrelevant criminal record]."

However, Ms Drake did find several other factors considered, including the nature of the public servant's crimes and the repetition of her conduct, were appropriately relevant in the decision.

"[Ms Oldfield's] conclusion was conservative, and the outcome was devastating for the complainant," the tribunal member said.

While the public servant submitted she had presented well enough to be offered the job before her criminal record was disclosed, Ms Oldfield said she was not confident the woman's past behaviour would not be repeated.