Commonwealth Numbered Acts

AFFIRMATIVE ACTION (EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN) ACT 1986 No. 91 of 1986 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

"affirmative action program", in relation to a relevant employer, means a
program designed to ensure that-

   (a)  appropriate action is taken to eliminate discrimination by the
        relevant employer against women in relation to employment matters; and

   (b)  measures are taken by the relevant employer to promote equal
        opportunity for women in relation to employment matters;

"authority" means-

   (a)  a body (whether incorporated or not) established for a public purpose
        by or under a law of the Commonwealth or of a State or Territory,
        other than a higher education institution;

   (b)  the holder of an office established for a public purpose by or under a
        law of the Commonwealth or of a State or Territory; and

   (c)  an incorporated company over which the Commonwealth, a State, a
        Territory or a body referred to in paragraph (a) is in a position to
        exercise control;

"appoint" includes re-appoint;

"club" means an association (whether incorporated or not) of not less than 30
persons associated together for social, literary, cultural, political,
sporting, athletic or other lawful purposes that-

   (a)  provides and maintains its facilities, in whole or in part, from the
        funds of the association; and

   (b)  sells or supplies liquor for consumption on its premises;

"confidential report" means a confidential report referred to in section  14 ;

"discrimination" means discrimination as defined in section 5, 6 or 7 of the
Sex Discrimination Act 1984;

"Director" means the Director of Affirmative Action;

"employer" means a person who employs a natural person-

   (a)  under a contract of service, whether on a full-time, part-time, casual
        or temporary basis; or

   (b)  under a contract for services;

"employment matters" includes-

   (a)  the recruitment procedure, and selection criteria, for appointment or
        engagement of persons as employees;

   (b)  the promotion and transfer of employees;

   (c)  training and staff development for employees; and

   (d)  conditions of service of employees;

"higher education institution" means a university, college of advanced
education or other institution of tertiary education (other than a technical
and further education institution within the meaning of the Commonwealth
Tertiary Education Commission Act 1977);

"operative day", in relation to a relevant employer, means the day specified
in relation to that employer in section 7;

"public report" means a public report referred to in section 13;

"relevant employer" means-

   (a)  a higher education institution that is an employer; or

   (b)  a natural person, or a body or association (whether incorporated or
        not), being the employer of 100 or more employees in Australia,
but does not include the Commonwealth, a State, a Territory, an authority or a
voluntary body;

"trade union" means-

   (a)  an organization of employees registered pursuant to the Conciliation
        and Arbitration Act 1904; or

   (b)  a trade union within the meaning of a State Act or law of a Territory;

"voluntary body" means a body or association (whether incorporated or not) the
activities of which are not engaged in for the purpose of making a profit, but
does not include-

   (a)  a club;

   (b)  a trade union;

   (c)  an association that provides grants, loans, credit or finance to its
        members;

   (d)  a higher education institution; or

   (e)  the holder of a licence under the Broadcasting Act 1942;

"woman" means a member of the female sex irrespective of age.
(2) For the purpose of paragraph (b) of the definition of "relevant employer"
in sub-section (1)-

   (a)  a corporation employs a person where the person is employed by another
        corporation which is a subsidiary of the first-mentioned corporation;
        and

   (b)  the question whether a corporation is a subsidiary of another
        corporation shall be determined as it would be determined for the
        purposes of the Companies Act 1981.

(3) Where, in accordance with section 4, this Act extends to Norfolk Island, a
reference in this Act to Australia includes a reference to Norfolk Island.

(4) Nothing in this Act shall be taken to require a relevant employer to take
any action incompatible with the principle that employment matters should be
dealt with on the basis of merit.