In 2023, the Resources regulator penalized a mine in NSW for allowing a worker to work while wearing a court-ordered ankle monitoring bracelet, and this incident was highlighted in their safety bulletin. Unfortunately, this led to a misunderstanding that individuals on probation or parole cannot work in mines.
Let's clarify some misconceptions. The mine wasn't solely punished for employing the worker with the ankle monitor; rather, the penalty stemmed from the fact that the ankle monitor had not been, and likely cannot be, integrated into the portable electrical apparatus (PEA) systems used by mines. To include it would necessitate revealing sensitive information that could compromise the anti-tamper features, which probation and parole authorities understandably refrain from disclosing.
Now, can individuals work in mines with an ankle bracelet in NSW? For the uninitiated, an ankle bracelet is a tracking device typically attached to individuals on bail, parole, or probation, often for serious criminal offenses. Examples include high-risk offenders on bail subject to continuous monitoring, repeat sex offenders under parole supervision, or individuals on probation with specific restrictions.
Employment plays a vital role in breaking the cycle of incarceration. If one's bail, probation, or parole conditions do not prohibit employment, they are generally permitted to work with an ankle bracelet, and employers cannot typically discriminate against them solely on the basis of their legal status.
However, there are exceptions. Employers, particularly those dealing with cash or vulnerable populations, may require a Nil Criminal Record for a specified period or a Working With Children Check. Additionally, lawful discrimination may occur for safety reasons or job-specific requirements.
In the case cited by the resources regulator, the concern was not merely the presence of the ankle bracelet but rather the worker wearing it in a hazardous zone without PEA approval.
In summary, individuals have the right to work with an ankle bracelet, but restrictions may apply regarding access to certain areas where mobile phones, including ankle bracelets, are prohibited (e.g., aircraft, areas with calibrated electronics, or high-risk environments like underground mines or refineries). To work in such environments, individuals should seek assistance from the police or probation/parole authorities to integrate their ankle bracelet into the PEA system.