Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Public Service Amendment (Supporting a Regional Workforce) Bill 2017
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Cathy McGowan
Public Service Amendment (Supporting a Regional Workforce) Bill 2017
OUTLINE
The purpose of the bill is to support increased use of telecommuting (working remotely) in
the Australian Public Service, supporting greater decentralisation of the Australia Public
Service workforce into regional areas.
The intent of the bill is to remove any discrimination against an otherwise suitable
candidate based on their location or capacity to move to a major city. If the candidate is
able to telecommute and meet the requirements of the position, with reasonable
adjustments by the Agency, then they should have the opportunity to do so.
The bill will encourage greater decentralisation of individual employees or positions, which
would have a broad benefit to regional areas and allow Agencies to attract the best and
the brightest. This would result in a regional perspective in the development of policy and
the work of the Australian Public Service.
The bill adds telecommuting to the employment principles of the APS and to the rules
around the APS merit based promotion and selection process. Removing any
discrimination in this process on the basis of a candidate's location, if they are able to
telecommute and fulfil the required duties.
Under the amendments, Agency Heads are also responsible for promoting, informing and
facilitating the use of telecommuting by employees of the Agency. If by telecommuting the
employee is unable to carry out the inherent requirements of the work to be done, even if
reasonable adjustments for the employee were made the Agency head will also be limited
in directing an employee to carry out duties at a particular location.
The intent is not to exclude persons located in metropolitan areas from telecommuting, but
to make the Act explicit in supporting telecommuting from regional areas.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short title
Clause 1 is a formal provision specifying the short title of the Act.
Clause 2: Commencement
The Act commences on the day after the Act receives the Royal Assent.
Clause 3: Schedules
This clause gives effect to the provisions in Schedule 1 of the bill.
Schedule 1 - Amendments
Item 1 inserts two additional definitions to Section 7, relating to the interpretation of a
Regional Area.
This section defines a regional area as an area that is classified as inner regional, outer
regional, remote or very remote under the ABS Remoteness Structure. The ABS
Remoteness Structure is the Remoteness Structure described in:
the document titled "Australian Statistical Geography Standard (ASGS): Volume 5 -
Remoteness Structure, July 2011", published by the Australian Statistician, as
amended from time to time; or
the most recent replacement document that is published by the Australian
Statistician, as amended from time to time.
Item 2 adds a new paragraph at the end of subsection 10A(1).
This section relates to the Australian Public Service (APS) employment principles. It adds
a principle that the APS will facilitate the use of telecommuting to support employees who
wish to telecommute from a regional area, rather than work at a particular place.
Item 3 adds a new paragraph at the end of subsection 10A(2).
This section relates to the engagement and promotion of APS employees. The bill adds a
requirement that employment decisions should not unreasonably discriminate against any
candidate on the basis that the candidate will telecommute from a regional area, rather
than work at a particular place.
Item 4 adds a new paragraph at the end of subsection 10A.
This section relates to the APS employment principles. The new paragraph stipulates that
it is not reasonable to discriminate against a candidate who will telecommute from the
regional area, if they are able to complete the requirements of the position, with
reasonable adjustments by the agency.
Item 5 inserts a new item to the list at 11A(1)(d)
This section relates to the employment matters about which the APS Commissioner's can
issue directions. The bill adds 'telecommuting' to the list of employment matters about
which the APS Commissioner's can issue directions.
Item 6 inserts a new paragraph after section 18
This section relates to the role of Agency Heads. The bill adds a new section that requires
and Agency Head to establish and maintain electronic and other systems to facilitate the
use of telecommuting by employees of the Agency.
Item 7 and 8 amends Section 25 to add a paragraph at the end of the section.
This section relates to the Agency Heads role in assigning duties to an APS employee,
including the place or places at which the duties are to be performed. The bill adds a new
paragraph relating to telecommuting, to ensure an employee is able to telecommute, if
they are able to carry out the inherent requirements of the work to be done, with
reasonable adjustments made by the Agency Head.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011
Public Service Amendment (Supporting a Regional Workforce) Bill 2017
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
The purpose of the bill is to support increased use of telecommuting in the Australian
Public Service, supporting greater decentralisation of the Australia Public Service
workforce and providing opportunities for people living in regional areas to work for the
Australia Public Service.
The intent of the bill is to remove any discrimination against an otherwise suitable
candidate based on their location or capacity to move to a major city. If the candidate is
able to telecommute and meet the requirements of the position, with reasonable
adjustments by the Agency, then they should have the opportunity to do so.
Human rights implications
This bill promotes greater equity and the right not to be discriminated against based on the
individuals place of residence.
The bill promotes the rights defined under Article 2, 16 and 26 of the International
Covenant on Civil and Political Rights and 2(2) of the International Covenant on Economic,
Social and Cultural Rights (ICESCR). The bill gives effect to a number of Australia's
human rights obligations ensure that no one is denied their rights because of factors such
as race, colour, sex, language, religion, political or other opinion, national or social origin,
property or birth or other status. This includes discrimination on certain other grounds,
including: age, nationality, marital status, disability, place of residence within a country and
sexual orientation.
Conclusion
This bill is compatible with human rights because it advances the protection of human
Rights, in particular it promotes the right to equality and non-discrimination.
Cathy McGowan