In
refusing name suppression for Victoria Anne Tilley following conviction for
work-related fraud, the High Court pointed out name suppression is not the same
as a discharge without conviction. A
conviction with name suppression still sits on the criminal record and must be
disclosed should future employers ask about an applicant’s criminal history.
Tilley was convicted in
March 2017 of fraud committed over a two year period while working as office manager
for a Canterbury building company. She
was sentenced to six months’ community detention, 250 hours community work and
ordered to pay reparation of $20,000.
She sought permanent name suppression, saying publicity would affect her
mental health with an increased risk of self-harm.
Justice Gendall said name
publication is the norm. Employers have
the right to be aware of applicants’ criminal history. Where name suppression is sought on the
grounds of potential self-harm, courts take into account ways of managing the
risk. Tilley has a highly-supportive de
facto partner together with multiple agencies and medical professionals looking
after her, he said.
Tilley
v. R. – High Court (4.05.17)
17.039